Hunter
12/23/24
A group of e-cigarette and vaping product distributors and retailers are suing the state of Iowa to block enforcement of a new law set to take effect next year.
Iowa Capital Dispatch reports the group filed the lawsuit last week in US District Court for the Southern District of Iowa. They claim that House File 2677, signed into law earlier this year, violates the supremacy clause and equal protection clause of the U.S. Constitution, as well as the equal protection clause of the Iowa Constitution.
The new law says manufacturers whose electronic nicotine delivery systems are sold in Iowa must have received a marketing authorization form the Food and Drug Administration or that its application was filed before September 2020 and is still under review. If a retailer sells a product that isn’t approved, they would be subject to fines or other enforcement.
The plaintiffs say the limited number of vape products likely to appear on the approved registry won’t be enough for retailers to remain profitable.
The lawsuit seeks a preliminary and a permanent injunction that would bar the Iowa Department of Revenue from implementing and enforcing the new state law, which is set to go into effect February 3.