By Timothy S. Donahue
Top Takeaways:
- Vape companies told the Fourth Circuit not to stay a district court injunction blocking parts of Virginia’s vape law.
- Virginia has asked for a stay so it can begin enforcing its regulations while the appeal is pending.
- A preliminary injunction currently bars penalties and registry enforcement until the appellate court decides.
Two vape retailers filed a brief this week urging the U.S. Court of Appeals for the Fourth Circuit not to stay a district court order that blocks enforcement of key portions of Virginia’s vaping law.
Nova Distro Inc., Tobacco Hut, and Vape Fairfax Inc. filed their response after the Commonwealth of Virginia asked the Fourth Circuit to allow the state to enforce certain regulatory provisions while the appeal of a preliminary injunction proceeds. The injunction halts enforcement of parts of the law that would prohibit the sale of vapor products not listed in a state directory and that are tied to evidence of U.S. Food and Drug Administration authorization.
In their brief, Nova Distro and Tobacco Hut argued that reinstating enforcement would disrupt the status quo and harm businesses that have structured their operations around the injunction. The plaintiffs have maintained that the requirements are preempted by federal law and that the state’s approach conflicts with the FDA’s regulatory scheme.
The underlying dispute began when the retailers sued after Virginia enacted the 2024 vaping law, arguing that it unfairly restricts the sale of vapor products by conditioning market access on directory listings tied to federal authorization, among other claims. A federal judge granted a preliminary injunction in December 2025, blocking enforcement of those provisions as the case proceeds.
Virginia has argued that enforcement should resume during the appeal, saying the injunction prevents the state from implementing its public health policy. The Fourth Circuit has not yet ruled on the state’s request for a stay.
