By Timothy S. Donahue

Top Takeaways:

• Appeal rejected: The Alabama Supreme Court upheld a lower court’s refusal to block key portions of the state’s 2025 vape law while litigation continues.
• Constitutional claims fail: The court found the plaintiffs were unlikely to succeed on claims that the law is preempted by federal law or violates the U.S. Constitution’s Dormant Commerce Clause.
• Law remains in effect: The decision allows Alabama to continue enforcing most provisions of the law regulating electronic nicotine delivery systems pending further proceedings.

Alabama’s sweeping vape law has cleared another legal hurdle. On Thursday, the Alabama Supreme Court affirmed a trial court’s decision denying a preliminary injunction sought by the Vapor Technology Association and Southside Vape.

The ruling allows the state to continue enforcing key provisions of its 2025 law governing electronic nicotine delivery systems (ENDS) while the underlying lawsuit proceeds.

The plaintiffs argued that portions of the law are preempted by the federal Tobacco Control Act and that they violate the Dormant Commerce Clause by discriminating against foreign commerce. The state’s highest court rejected those arguments at the preliminary injunction stage, concluding that the challengers had not shown a reasonable likelihood of success on the merits.

Writing for the court, Associate Justice Will Sellers stated that Alabama was acting within its traditional police powers. “This case is a prime example of a State’s retention of authority under its general police powers to regulate a matter of legitimate statewide concern, specifically the health and welfare of its citizens,” Sellers wrote. “The Legislature… has declared a legitimate interest to protect the State’s citizens by regulating a potentially harmful product and by restricting its sale and distribution.”

The court also rejected the plaintiffs’ constitutional challenge at this stage of the litigation. “The plaintiffs have failed to demonstrate a reasonable likelihood of success on the merits of their constitutional claims,” Sellers wrote in affirming the trial court’s denial of the injunction.

Enacted during Alabama’s 2025 legislative session, the law significantly tightened regulation of vaping products. Among other provisions, it limits the sale of most electronic nicotine delivery systems to specialty vape retailers, establishes new licensing requirements, increases penalties for violations, and seeks to reduce youth access to vaping products.

Supporters argue the law is intended to curb youth vaping and remove unauthorized products from the marketplace, while industry groups contend it will restrict adult access and harm convenience stores and other retailers.

Thursday’s ruling does not resolve the underlying lawsuit on its merits; instead, it addresses only whether enforcement should be temporarily stayed during the litigation.