U.S. Fourth Circuit Court Rules North Carolina Can Ban Sale of FDA-Unapproved E-Cigarette Products

Key points:

·The court has ruled that the Fourth Circuit Court of Appeals in the United States has refused to issue an injunction, supporting North Carolina's ban on the sale of e-cigarettes. 

·The legal background is that North Carolina law prohibits the sale of e-cigarette products that have not been approved by the FDA, and this law went into effect at the end of June. 

·The plaintiffs, including the e-Cigarette Technology Association, argue that the state government does not have the authority to enforce FDA regulations, as this would encroach on federal powers. 

·The state government responded by stating that suspending the law would cause confusion, as stakeholders have already begun to comply with it. 

·The case is currently being heard at the Fourth Circuit Court of Appeals under case number 25-1745.

【2Firsts News Flash】According to a report by Law360 on July 29th, the U.S. Fourth Circuit Court of Appeals will not issue an injunction to block a North Carolina law that would prohibit the sale of e-cigarette products not approved by the U.S. Food and Drug Administration (FDA). Prior to this decision, stakeholders in the e-cigarette industry had appealed a lower court's ruling rejecting the same injunction.

In a notice filed on July 28th, the court denied the plaintiff's motion, led by the e-cigarette Technology Association, to challenge the 2024 bill in Federal Court. The law, which came into effect at the end of June, grants North Carolina tax officials the power to impose fines on retailers, wholesalers, and manufacturers of e-cigarettes that are sold without FDA authorization.

U.S. District Judge Richard E. Myers II denied their injunction request on June 27. In early July, the plaintiffs applied for an injunction to the Fourth Circuit Court of Appeals, arguing that states cannot enforce FDA regulations because it would infringe on federal powers. The state responded last week, stating that halting the law would cause chaos as stakeholders have already begun to comply with it.

The case number is 25-1745 and is being reviewed by the United States Fourth Circuit Court of Appeals.