A federal lawsuit filed by a trade group representing Alabama convenience stores has led to changes in how the state will enforce its new vape law, according to the Alabama Political Reporter.
The lawsuit, brought by the Petroleum and Convenience Marketers of Alabama (PCMA), challenged House Bill 8, which aimed to restrict the sale of vape products in non-specialty retailers such as gas stations. Under the law, only 34 products that have received full authorization from the U.S. Food and Drug Administration (FDA) would have been allowed for sale in those locations.
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Following legal action, a settlement was reached that allows convenience stores to continue selling products that are either under FDA review or listed in the state’s Electronic Nicotine Delivery System (ENDS) Directory. This agreement permits the continued sale of many products that have been available since 2022.
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The lawsuit argued that the new law improperly delegated enforcement authority to state agencies for matters governed by federal law, specifically the Food, Drug, and Cosmetic Act. It also challenged a separate provision that bans the sale of vape products containing any foreign-manufactured components unless they have FDA marketing authorization. That part of the law is not scheduled to take effect until October 1, 2025, and remains under review by the courts.
Sherri Blevins is a staff writer for Yellowhammer News. You may contact her at [email protected].
