AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal

Nov.24.2025
AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal
Virginia Attorney General Jason Miyares and Tax Commissioner James J. Alex have asked a federal court to dismiss a lawsuit challenging the state’s ban on flavored e-cigarettes. They argue plaintiffs lack standing because the products are already illegal under federal law. The state denies claims of federal preemption and asserts sovereign immunity, maintaining that its ban aligns with its authority to protect public health.

Key Points

 

  • Virginia asks the court to dismiss the lawsuit entirely.
  • State argues plaintiffs have no legal right to sell unapproved vape products.
  • Plaintiffs allege Big Tobacco influenced the law; state denies it.
  • Virginia says the ban falls within its public health authority and is not preempted.
  • State officials invoke sovereign immunity.

 


 

2Firsts, November 20, 2025 — According to Law360, Virginia Attorney General Jason Miyares and Tax Commissioner James J. Alex have urged a federal judge to dismiss a lawsuit challenging the state’s ban on flavored e-cigarettes that lack federal authorization.

 

The officials argue that plaintiffs Nova Distro Inc. and Tobacco Hut and Vape Fairfax Inc. lack standing because they have no recognized right to sell products already illegal under federal law. Since unapproved e-cigarette products cannot be sold under the Federal Food, Drug, and Cosmetic Act (FDCA), the state maintains that the plaintiffs’ request for relief is not legally cognizable.

 

“Plaintiffs essentially complain that the Virginia statute makes it harder for them to continue to violate federal law,” the state defendants wrote.

 

The plaintiffs filed suit last month, arguing that Virginia’s flavored vape ban is preempted by federal law and influenced by lobbying from Big Tobacco intended to disadvantage smaller retailers.

 

The state counters that:

 

  • The ban is neither in conflict with nor preempted by the FDCA or the Tobacco Act.
  • States retain broad authority to regulate the sale of tobacco products.
  • Congress did not intend to prevent states from prohibiting sales of unapproved e-cigarettes.
  • The ban aligns with federal objectives because it reinforces the rule that only approved products may be sold.

 

State defendants also assert sovereign immunity, arguing they cannot be sued for alleged violations of the Virginia constitution, nor have plaintiffs shown ongoing violations of federal law that would trigger an exception.

 

They further contend that the court should dismiss state-law claims because federal courts should avoid deciding novel or complex state constitutional questions.

 

The equal-protection claim, they argue, also fails:

 

  • Small vape companies are not a protected class.
  • The ban applies uniformly.
  • The state has a legitimate public health interest in restricting flavored vapes.

 

The suit, NOVA Distro Inc. et al. v. Virginia Attorney General Jason Miyares et al., case number 3:25-cv-00857, is before the U.S. District Court for the Eastern District of Virginia.

 

Image source: Law360

 

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

Seita’s Julia Neumaier Says France Should Target Vape Access, Not Plain Packaging
Seita’s Julia Neumaier Says France Should Target Vape Access, Not Plain Packaging
Julia Neumaier, general manager of Seita, Imperial Brands’ French subsidiary, said France should focus vaping regulation on access control, age verification, online sales and distribution channels, rather than applying tobacco-style plain packaging to vaping products.
Jul.15
Tobacco Farming in the New Nicotine Era: Why Indian Farmers Struggle to Transition — Contributed by Samrat Chowdhery
Tobacco Farming in the New Nicotine Era: Why Indian Farmers Struggle to Transition — Contributed by Samrat Chowdhery
In this contributed article to 2Firsts, Mumbai-based journalist and harm reduction advocate Samrat Chowdhery examines India’s tobacco transition from the perspective of agriculture, supply chains and regulation. As noted by 2Firsts, India offers a relevant case for understanding how new nicotine technologies may affect not only consumption, trade and policy, but also tobacco farming.
Special Report
May.29
South Korea’s New Vape Rules Raise Bar for E-Liquid Makers and China-Linked Supply Chains, Expert Says
South Korea’s New Vape Rules Raise Bar for E-Liquid Makers and China-Linked Supply Chains, Expert Says
South Korea’s new vape regulations are reshaping the e-liquid market, raising compliance requirements for manufacturers, retailers and overseas suppliers. In an interview with 2Firsts, Korean nicotine products specialist Sam Kim discusses licensing barriers, inventory impacts, China-linked supply chains, and emerging regulatory challenges around nicotine analogues, nicotine-free products and DIY mixing. The Korean case may offer broader insights as governments worldwide adapt to rapidly evolving nicotine products.
Jul.16
Bringing Tax and Insurance Into Nicotine Regulation: Insights From a Tobacco Harm-Reduction Report
Bringing Tax and Insurance Into Nicotine Regulation: Insights From a Tobacco Harm-Reduction Report
A smoke-free nicotine policy report argues that tobacco harm reduction should move beyond product bans and health warnings into tax policy, insurance pricing and risk-based regulation. While some projections remain open to debate, the report highlights a wider challenge: nicotine products, technologies and consumer behavior have changed sharply over the past decade, and regulatory systems may need new tools to better align tobacco control with harm-reduction goals.
Jun.08
How AI Is Rewriting the Talent Playbook for the Nicotine Industry: JTI’s Case
How AI Is Rewriting the Talent Playbook for the Nicotine Industry: JTI’s Case
AI is moving from a back-office tool to a core organizational capability in the nicotine industry. Based on JTI’s responses, this 2Firsts feature examines how AI is reshaping talent strategy, internal mobility, decision-making and human accountability as global tobacco companies compete in the shift toward new nicotine categories.
Jun.17
Ireland Vape Bill Passes Dáil, Setting Limits on Flavours, Packaging and Retail Display
Ireland Vape Bill Passes Dáil, Setting Limits on Flavours, Packaging and Retail Display
Ireland’s Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026 has passed final stage in the Dáil and will move to the Seanad, with measures to limit vape flavours to tobacco or unflavoured products and tighten rules on packaging colours, retail advertising, in-store displays and sales of nicotine pouches to minors.
News
Jun.26 by 2Firsts Perspectives