Top Takeaways:
- Alabama’s new vape law (HB 8) faces a legal challenge from Southside Vapes and the Vapor Technology Association over claims it conflicts with federal FDA authority.
- The law would restrict the state market to only 34 FDA-authorized tobacco and menthol products, effectively banning nearly all flavored vapes.
- A temporary restraining order remains in effect while the case moves through appeal, leaving enforcement on hold.
Nicotine industry advocates are suing Alabama officials over a new state law that would sharply restrict the sale of vaping products, arguing the statute unlawfully conflicts with federal authority and would wipe out most of the products adult consumers rely on.
The law, HB 8, was set to take effect on Oct. 1 but is currently on hold under a temporary restraining order tied to ongoing litigation.
Alabama-based retailer Southside Vapes LLC and the Vapor Technology Association lawsuit the Alabama Alcoholic Beverage Control Board, ABC Chairman Alan Spencer, Alabama Law Enforcement Agency Secretary Hal Taylor, and others, challenging the state’s plan to restrict vape sales to products on a new state registry. Similar lawsuits are underway in states like Ohio.
Under HB 8, retailers would only be allowed to sell the 34 e-cigarette products approved by the U.S. Food and Drug Administration—most of which are tobacco or menthol-flavored. The law would effectively ban all other flavors and remove hundreds of products that have become common in the adult vaping market.
An Alabama court recently denied the plaintiffs’ request for a preliminary injunction, and the case is now on appeal. The temporary restraining order stays in effect during the appeal, preventing Alabama from enforcing the contested parts of the law.
Southside Vapes owner Joe Ferrell, who runs three stores, said he has already closed one location and believes the others would have to follow if HB 8 is enforced. Ferrell mentioned his stores carry roughly 80 brands— far more than the limited number allowed under the new registry. “It wouldn’t be sustainable to run a business,” he said.
The lawsuit claims that the Alabama registry illegally overrides federal authority by establishing a separate system from the FDA’s premarket tobacco product process. Plaintiffs assert that Congress granted the FDA exclusive power to decide which e-cigarettes can be legally sold in the United States, and that states are not allowed to create their own authorization lists.
Tony Abboud, executive director of the Vapor Technology Association, stated that the law would deprive adult smokers of harm-reduction tools. “Adult access to these products is critical to saving the lives of the nearly 500,000 Americans who die each year from cigarette-related diseases,” he said, referencing medical research that supports switching for adult smokers.
Federal public health agencies have highlighted both potential benefits and risks. The U.S. Centers for Disease Control and Prevention states that e-cigarettes might help adults switch if used solely instead of combustible products, but the agency also expresses concerns about nicotine exposure, chemicals in aerosol, and unknown long-term effects.
Youth risks remain a primary focus for regulators, although CDC data show youth e-cigarette use has declined to its lowest level in 10 years.
As Alabama’s case progresses through appeal, industry groups warn that if HB 8 is enacted, it would significantly reduce the legal market, push consumers toward illegal sellers, and cause substantial economic losses for compliant retailers—similar to trends seen in other states with broad flavor bans.
