Wisconsin Set to Ban Non-FDA Approved Vapes Starting September, Court Ruling Pending

Key Points

• Timeline: The ban is scheduled to take effect on September 1, with only FDA-approved non-nicotine or menthol products allowed for sale.
• Legal Dispute: WISCOFAST, representing vape shop owners, has filed a lawsuit against the Wisconsin Department of Revenue Secretary. The case has entered federal court proceedings.
• Business Concerns: The ban may cause thousands of vape shops to close, increase unemployment, and reduce the state’s tax revenue.
• Penalties: Retailers who sell banned products may face fines of US$1,000 per SKU per day.
• Economic Impact: Businesses expect Wisconsin to lose millions of dollars in tax revenue, with widespread closures and fewer choices for consumers.

【2Firsts News Flash】According to WDIO on August 27, Wisconsin lawmakers plan to prohibit the sale of all non-FDA-approved vape products starting on September 1 (Labor Day). The measure has triggered strong opposition from small businesses. WISCOFAST, the Wisconsin trade association representing vape shop owners, has filed a lawsuit in federal court in an effort to block the law from taking effect. The court is expected to rule later this week on whether the ban will proceed.

WISCOFAST founder Tyler Hall stated that once the ban is implemented, thousands of vape shops across the state will be severely impacted:

“Vape shops in the state are no longer going to be able to sell the traditional vape products that they’ve used for the last over a decade.”

According to the law, only FDA-approved non-nicotine or menthol e-cigarette products may be sold in Wisconsin. Hall pointed out that the current list of FDA-approved products does not include any flavored vapes.

Tim Frey, spokesperson for Ignite Dispensary, said that if the ban takes effect, he will have to pull almost all of his products from the shelves or face hefty fines:

“It’s a $1,000 fine per day per SKU. For example, even if I’ve got just one flavor from one brand with five different nicotine strengths, that counts as five different SKUs. Violating the law for one day could mean thousands of dollars in fines.”

Frey further added that the ban would result in millions of dollars in lost annual tax revenue for Wisconsin, while also leading to store closures, job losses, and fewer options for consumers.

“Out of roughly 3,000 stores statewide, more than half of them will probably shut down.”