Appeals court says Iowa vape law does not conflict with FDA rules

desmoinesregister.com
An Iowa vape law limiting sales to FDA‑approved products was upheld by the U.S. Eighth Circuit, finding no conflict with federal law.

Summary

A federal circuit court reversed a lower court’s decision blocking Iowa’s House File 2677, a law that restricts e‑cigarette sales to products approved by the FDA or that have been on the market since 2016 and sought FDA approval by 2020. The Iowa law, signed by Gov. Kim Reynolds, requires a state‑issued vapor products directory and was challenged by a coalition of vape manufacturers and retailers who argued it would eliminate over 99% of available products. The U.S. Eighth Circuit held that the law does not preempt federal authority under the Tobacco Control Act and that Iowa’s traditional police power over public health allows such regulation. The court also found the plaintiffs had standing, while a concurring judge noted further evidence would be needed to fully assess enforcement implications.

(Source:desmoinesregister.com)

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