Lawsuit Filed to Challenge Iowa's E-cigarette Regulations In Court

Dec.20.2024
Lawsuit Filed to Challenge Iowa's E-cigarette Regulations In Court
Iowa e-cigarette industry fights lawsuit to prevent PMTA law from closing shops, citing constitutional violations.

According to a report from Vaping 360 on December 20th, the e-cigarette industry association in Iowa, along with several independent businesses, has filed a lawsuit in an attempt to halt the implementation of the PMTA registration law set to go into effect in February 2025. This law could potentially force many or all specialty e-cigarette shops in the state to close.


The state bill HF 2677, proposed by Altria and Reynolds Tobacco (R.J. Reynolds), aims to protect the sales of cigarettes and their FDA-authorized e-cigarette products. The bill calls for the creation of a state registry system for legal e-cigarette products to streamline enforcement against unauthorized products.


The bill was passed by the Iowa state legislature in April and signed into law by Governor Kim Reynolds in May.


Once the new law goes into effect in February 2025, consumers in Iowa will no longer be able to legally access e-cigarette products, with the exception of a small number of FDA authorized products and those undergoing pre-market tobacco application (PMTA) review by the agency. The law also prohibits the sale of all unauthorized synthetic nicotine products by the FDA, and unlike many similar regulations, this law does not exempt products that are currently appealing Marketing Denial Orders (MDO) in federal court.


An e-cigarette company has stated that the law violates the supremacy clause of the U.S. and Iowa constitutions and the equal protection clause of the Fourteenth Amendment. The lawsuit was filed in the U.S. District Court for the Southern District of Iowa, seeking a preliminary injunction to prevent the Iowa Department of Revenue from enforcing the law before a decision is made, ultimately seeking a permanent injunction to block the law.


The plaintiffs believe that the regulatory impact of HF 2677 is pushing them to the brink. Heather Glenn, president of the Iowa Alternative Tobacco Association (IFAST), stated in a press release, "Dozens of Iowa businesses are facing closure, and their hardworking employees and their families will bear the financial consequences of this legislation catering to the tobacco industry.


The lawsuit was filed by the Iowa E-Cigarette Industry Association IFAST, as well as the Iowa-based e-cigarette companies Global Source Distribution, Smokin Hot, Central Iowa Vapors WDM, and Route 69 Vapor, and Triton Distribution, which is headquartered in Texas. IFAST and its co-plaintiffs are represented by Eric Heyer of the law firm Thompson Hine. Heyer had previously represented e-cigarette manufacturer Triton Distribution in a debate before the Supreme Court earlier this month.


We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Italian Court Ends Six-Year Cigarette Excise Dispute, Rejecting Damages Claim
Italian Court Ends Six-Year Cigarette Excise Dispute, Rejecting Damages Claim
Italy’s Lazio Regional Administrative Court has dismissed an appeal by Italian Tobacco Manufacturing and Manifattura Italiana Tabacco over the cigarette excise calculation mechanism, upholding the minimum tax burden rules and excluding compensation for smaller tobacco operators.
News
Jun.26 by 2Firsts Perspectives
Vietnam’s Vape Crackdown Expands From Ban Proposal to Grassroots Enforcement
Vietnam’s Vape Crackdown Expands From Ban Proposal to Grassroots Enforcement
Vietnam tightens e-cigarette rules. Health Ministry proposes banning production, trade, transport, storage, ads, promotion, sponsorship, and use of e-cigarettes, heated tobacco, and new products. Hanoi also urges residents to report illegal activities, showing enforcement moves from lawmaking to local action.
Jul.08
FTC Scrutinizes Fifty Bar’s “Made in America” Claims as Vape Marketing Faces New Compliance Risk
FTC Scrutinizes Fifty Bar’s “Made in America” Claims as Vape Marketing Faces New Compliance Risk
The Federal Trade Commission sent a warning letter to Lucky Bar Holdings LLC over “Made in the USA” claims tied to Fifty Bar vape products, saying staff had reason to believe the products may be imported in whole or in significant part despite unqualified U.S.-origin marketing claims.
Jul.20
UK Local Council Proposes £5 Refundable Deposit on Vape Devices
UK Local Council Proposes £5 Refundable Deposit on Vape Devices
Norwich City Council is set to debate a proposed vape deposit scheme that would require consumers to pay an extra refundable £5 per device at purchase, with the money returned when the device is handed back, as recent recycling-facility fires, including a major Widnes blaze reportedly very likely caused by a vape, draw greater attention to the risks of improperly discarded lithium-battery devices.
Jul.01
Vape Industry Group Loses Alabama Court Fight as State Tightens Rules on Imported Products
Vape Industry Group Loses Alabama Court Fight as State Tightens Rules on Imported Products
The Alabama Supreme Court affirmed a lower court’s refusal to issue a preliminary injunction blocking the state’s 2025 electronic nicotine delivery systems law, allowing rules requiring covered products to be U.S.-made or FDA-authorized to remain in effect.
Jul.10
FDA Foreign Tobacco Registration Proposal Could Strengthen ENDS Import Oversight, Azim Chowdhury Says
FDA Foreign Tobacco Registration Proposal Could Strengthen ENDS Import Oversight, Azim Chowdhury Says
FDA’s proposed rule requiring foreign tobacco manufacturers to register establishments and list products is more than routine paperwork, Keller and Heckman LLP partner Azim Chowdhury told 2Firsts. He said it could strengthen FDA’s import enforcement, inspections and market surveillance. Chinese e-cigarette OEM/ODM manufacturers, specification developers, brand owners and component suppliers may need to review their roles, product data and U.S. market authorization status.
Special Report
Jun.29