Wisconsin plans to ban all vape products not approved by the U.S. Food and Drug Administration (FDA) starting Sep 1. Currently, WISCOFAST—a nonprofit trade group formed by vape retailers has sued the state government to block the law’s implementation. The court will rule this week on whether to allow the ban to take effect.
Key Points
- Timeline: The ban is set to take effect on Sep 1, permitting only the sale of FDA-approved non-nicotine or menthol products.
- Legal Dispute: WISCOFAST, representing vape retailers, has sued the Wisconsin Department of Revenue Commissioner. The case is now being heard in federal court.
- Retailer Concerns: The ban could force thousands of stores to close, increase unemployment, and result in lost state tax revenue.
- Penalties: Violators face $1,000 daily fines per SKU sold.
- Economic Impact: Retailers project millions in lost state tax revenue, with consumer choice severely restricted.
Wisconsin Sets September Ban on Unapproved Vapes
According to a Wdio report on Aug 27, Wisconsin lawmakers plan to ban all non-FDA-approved vape products starting September 1 (Labor Day). The ban has sparked fierce opposition from small businesses, with WISCOFAST (Wisconsin Independent Shop Owners Coalition for Tobacco) filing a federal lawsuit to block the law’s implementation. The court will rule this week on whether to allow the ban to take effect.
WISCOFAST founder Tyler Hall stated that thousands of Wisconsin vape shops would be impacted once the ban takes effect: “Vape shops across the state will no longer be able to sell traditional vape products that have been available for over a decade.”
Under the regulations, only FDA-approved nicotine-free or menthol vapes may be sold in Wisconsin. However, Hall pointed out that no flavored products currently appear on the approved list.
Tim Frey, spokesperson for Ignite Dispensary, stated that if the ban takes effect, he would have to remove nearly all products from his storefront to avoid substantial fines: “Each SKU incurs a $1,000 daily penalty. For example, if one flavor of the same brand comes in five different nicotine strengths, that’s five SKUs. A single day of noncompliance could mean thousands of dollars in fines.”
Frey added that the move would cost Wisconsin millions in annual tax revenue while leading to store closures, job losses, and reduced consumer choice. “There are about 3,000 stores statewide, and over half of them could shut down because of this.”
