Wisconsin Fines Vape Retailers Nearly $13 Million for Selling Unapproved Products

Key Point

• Regulatory body: Wisconsin Department of Revenue (DOR)
• Retailers fined: Exclusive Tobacco; Dave’z Smoke N Vape LLC
• Fines: ~USD 12.44 million and USD 450,000
• Violations: Sale of unapproved vape products; expired municipal licenses
• Law effective: September 1, 2024 (based on 2023 legislation)
• Appeal status: Hearing scheduled Dec. 10 before the U.S. 7th Circuit Court of Appeals

2Firsts, December 11, 2025 – According to the Milwaukee Journal Sentinel, Wisconsin has imposed fines totaling nearly USD 13 million on two vape retailers for violating the state’s new vape law, which restricts sales to an approved product directory.

Exclusive Tobacco, a four-store chain with a location in Oshkosh, was fined USD 1,000 per unapproved vape device, totaling USD 1,244,000 for 1,244 illegal vapes. Because the company failed to comply within 10 days of a warning, the fine was multiplied tenfold, reaching over USD 12.4 million.

The Department of Revenue (DOR) later received another complaint indicating continued illegal sales, leading to a second inspection and a USD 431,000 fine. DOR spokeswoman Jennifer Bacon confirmed that Exclusive Tobacco is appealing both penalties.

A second retailer, Dave’z Smoke N Vape LLC in Green Bay, was fined USD 450,000 for selling without a municipal license.

Since the law took effect on September 1, 2024, the DOR has issued 42 product removal orders and conducted 27 seizures statewide, including two involving unlicensed operations.

Initially, enforcement focused on compliance education, but the department is now strictly applying the 2023 law’s procedures. The fines are based on the sale of products not listed among 303 approved vape types, which include brands such as Juul, Blu, Vuse, and Crossbar.

Meanwhile, the industry group Wisconsinites for Alternatives to Smoking and Tobacco (WiscoFAST) has appealed the law, arguing it favors large tobacco companies. The U.S. 7th Circuit Court of Appeals in Chicago is scheduled to hear oral arguments on December 10, with a ruling expected in late January.

Public health advocates are divided on the law’s impact. Some question whether removing select products while leaving others available can effectively protect youth. State officials defend it as a “measured approach” to balance public safety and regulatory control.

Cover image: Screenshot from the video “Milwaukee smoke shop owners react to Wisconsin’s new vape law”
Source: Milwaukee Journal Sentinel