Iowa vape regulation takes hit at Eighth Circuit
The Eighth Circuit Court of Appeals challenged Iowa’s e-cigarette registration law, finding it likely preempted by federal regulations.Summary
An Eighth Circuit Court of Appeals panel has dealt a blow to Iowa’s attempt to regulate e-cigarette sales through a state-level product registry. Iowans for Alternatives to Smoking and several vape businesses sued the Iowa Department of Revenue, arguing the law duplicates federal FDA regulations and is therefore preempted by the Tobacco Control Act of 2009. The lower court agreed, calling the law “parasitic” and blocking its enforcement. During oral arguments, judges expressed concern that Iowa was attempting to replicate FDA regulation due to dissatisfaction with the FDA’s pace, which Congress intended to prevent. The court questioned whether the state could simply add “menial requirements” to federal standards. The FDA’s initial slow response to the vaping market, beginning regulation in 2016 for tobacco vapes and 2022 for synthetic nicotine vapes, created a gap the state sought to fill, but the court found this overregulation harmful to producers. The case also raises concerns about the scope of the preliminary injunction and its potential impact on similar laws in neighboring states like Wisconsin and Nebraska.
(Source：Courthouse News)
