A judge from the Montgomery County Circuit Court in Alabama, USA, has approved a temporary restraining order to suspend the enforcement of the state’s recently passed vape bill. The bill imposes regulatory restrictions on vape sales and increases fines for businesses that violate these restrictions. The U.S. vape Technology Association and others have filed a lawsuit, arguing that the legislation is unconstitutional. This temporary measure provides local businesses with some breathing room.
Key Points:
- A court in Alabama has approved a temporary restraining order to suspend the enforcement of the new vape law passed in 2025.
- The U.S. Electronic Cigarette Technology Association and others have filed a lawsuit, claiming that the bill violates the Foreign Commerce Clause and is unconstitutional due to the federal supremacy principle.
- The temporary measure provides critical relief for local vape retailers and distributors, and the association has stated that it will continue to advocate for its rights.
According to a report by 1819news on August 14, Judge Monet Gaines of the Montgomery County Circuit Court in the United States approved a temporary restraining order on August 12, prohibiting the state from enforcing the recently passed vape bill.
The new bill, passed during the 2025 legislative session, regulates and restricts the sale of vape products in Alabama and increases fines for businesses.
The Vapor Technology Association (VTA) and Southside Vape filed a lawsuit against the state of Alabama on August 11, and the request for a temporary restraining order was part of that lawsuit.
Tony Abboud, Executive Director of the Vapor Technology Association, stated in a press release on August 13: Yesterday, in the case of ‘Vapor Technology Association et al. v. Spencer et al.,’ Judge Gaines granted our request for a temporary restraining order against the enforcement of Alabama House Bill No. 8, citing that the bill violates the Foreign Commerce Clause and is unconstitutional due to the federal supremacy principle. Today’s temporary restraining order applies to the plaintiffs in this case and members of the Vapor Technology Association.”
“This ruling marks an important step forward in our ongoing fight to protect small businesses from unfair and overly intrusive laws and regulations. While this is only a temporary measure, it provides much-needed relief for local vape retailers and distributors in Alabama who are striving to serve adult consumers and survive in a challenging environment.”
Abude also stated: “The American Vaping Technology Association will continue to lead this fight in courts across the country, defending the rights of small businesses, promoting innovation, and advocating for the 500,000 Americans who die annually from tobacco-related diseases to have access to safer vape alternatives. However, the Trump administration must prioritize the adoption of new, common-sense, and simplified scientific federal regulations to protect the future of American citizens and American businesses.”
