Key points
- Regulatory measure: The state Department of Revenue must fine retailers that sell vaping devices lacking FDA authorization.
- Industry lawsuit: WiscoFAST has filed suit against the Department of Revenue, claiming the law improperly intrudes on FDA’s regulatory authority.
- Business impact: Retailers report sales declines of up to 90% since the law took effect on Monday, making it difficult to cover payroll and rent.
- Current status: Many stores are watching the lawsuit and any policy changes; near-term prospects for the industry in Wisconsin remain uncertain.
2Firsts, September 4, 2025 — According to local outlet WKOW, multiple vape retailers in Wisconsin have seen reduced in-store displays and steep drops in sales since the new vape ban took effect. Under the law, the Wisconsin Department of Revenue is required to fine retailers that sell vaping devices without FDA authorization.
The Wisconsin trade group WiscoFAST has sued the Department of Revenue, asserting that the law unfairly intrudes on the FDA’s role in regulating vape products. Tyler Hall, president of WiscoFAST, said the case “may become a precedent for how the FDA and states jointly regulate vapes.” He noted that since the law took effect on Monday, some shops have seen sales fall by as much as 90%, making operations unsustainable.
Kayla Arthur, an employee at M of N Vapors in Sun Prairie, said the past few days have been “difficult” for the shop, which her father opened ten years ago. In response to the new law, the store closed on Monday and Tuesday and, before reopening on Wednesday, sealed about 80% of its inventory. She said there is still no clear answer about what will happen next.
For now, many stores remain in limbo, waiting to see whether WiscoFAST’s challenge to the ban brings any changes—or whether this marks the start of a major shift for Wisconsin’s vape industry.
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