Changes in Alabama Vape Law Following Federal Lawsuit
A federal lawsuit initiated by the Petroleum and Convenience Marketers of Alabama (PCMA) has prompted significant modifications to the enforcement of Alabama’s new vape legislation. The lawsuit contested House Bill 8, which sought to limit the sale of vape products in non-specialty retail locations, such as gas stations, to just 34 FDA-authorized items.
The contentious law aimed to impose strict regulations on convenience stores, allowing only products that had received full FDA approval. However, after legal proceedings, a settlement emerged allowing these retailers to continue selling vape products that are either undergoing FDA review or included in the state’s Electronic Nicotine Delivery System (ENDS) Directory. This adjustment means that many products available since 2022 can remain on shelves.
The PCMA’s lawsuit argued that the law improperly delegated enforcement responsibilities to state agencies for issues governed by federal law, particularly the Food, Drug, and Cosmetic Act. Additionally, the complaint targeted a provision banning the sale of vape products with foreign-manufactured components unless they possessed FDA marketing authorization, which is slated to come into effect on October 1, 2025, and is currently under judicial review.
The changes provide a temporary reprieve for convenience stores, allowing them to navigate regulatory challenges while maintaining product availability in a competitive market. The Alabama Senate is also eyeing further legislation, with discussions ongoing regarding a potential ban on vaping in most public spaces for 2024.
For continuous updates on this evolving situation, readers can follow Sherri Blevins, a staff writer for Yellowhammer News.
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