Vape Reps Appeal Mississippi Law to 5th Circ.

Fuente: Tobacco Reporter
Lugar: Global Regulation
A coalition of businesses that sell vape products containing synthetic nicotine appealed a U.S. federal court’s refusal to block a Mississippi law restricting the sale of those products. The groups are taking the case to the U.S. Court of Appeals for the Fifth Circuit after the U.S. District Court for the Southern District of Mississippi denied their request for a temporary injunction.



The contested state law, House Bill 916, which took effect in July 2025, bans the sale of e-cigarette products containing synthetic nicotine in Mississippi. Enforcement, including penalties and product confiscations, began later in the year.



The plaintiffs, including industry groups such as the Vapor Technology Association and several retailers, argue the law is preempted by federal authority under the U.S. Constitution’s Supremacy Clause, asserting that it effectively conditions sales on FDA marketing authorization—a domain they say belongs exclusively to the federal government.



Mississippi’s Department of Revenue Commissioner Chris Graham is named as the defendant in the appeal.The post Vape Reps Appeal Mississippi Law to 5th Circ. first appeared on Tobacco Reporter.