2FIRSTS | Virginia appeals to the Fourth Circuit over partial block on flavored vape ban enforcement
Virginia is appealing a district court's decision that partially blocked enforcement of its flavored vape ban, arguing federal law doesn't preempt state regulations.Summary
Virginia has appealed to the Fourth Circuit Court of Appeals to overturn a district court order that partially blocked the enforcement of its ban on flavored vapes. The state is challenging U.S. District Judge David J. Novak’s December ruling, which found that Virginia’s Chapter 23.2 statute was preempted by the Food, Drug, and Cosmetic Act and the Family Smoking Prevention and Tobacco Control Act. The lawsuit is part of a broader national effort to challenge state-level vape bans, with plaintiffs alleging that larger tobacco companies may have influenced the Virginia law to eliminate smaller competitors. While the judge dismissed claims of state constitutional and Equal Protection Clause violations, he agreed the law was preempted because the FDCA allows states to enact regulations *in addition to* federal law, but not identical ones. The case is NOVA Distro Inc. et al. v. Miyares et al., No. 3:25-cv-00857, in the U.S. District Court for the Eastern District of Virginia.
(Source：2Firsts)
