WAUKESHA, Wis. — A significant new vaping law in Wisconsin is creating challenges for local vape shop owners, who report substantial inventory losses and financial strain as they adapt to sudden restrictions. The law, effective September 1, mandates that retailers can only sell vaping products included in a new state directory, a change that has left many shop shelves bare.
Many shop owners describe the new law as a surprise, with some asserting it has drastically impacted their businesses. Abdul Asad, who runs Smoke Zone of Waukesha, noted that 60 to 70 percent of his inventory is now unsellable. “Customers who transitioned from cigarettes to vaping are now left seeking alternatives that we can’t provide,” he said, voicing concerns over his diminished stock.
Violations of this law carry a stiff penalty, with fines amounting to $1,000 per product per day for any items not on the approved list. The implications of these restrictions have ignited legal disputes as shop owners organize against them. A lawsuit initiated in June by Wisconsinites for Alternatives to Smoking and Tobacco (Wisco-FAST) contends that the state is overstepping its jurisdiction, arguing that such regulations fall under the exclusive purview of the U.S. Food and Drug Administration.
Wisco-FAST’s legal actions recently took a turn when a federal judge rejected a plea to suspend enforcement of the law. Following this setback, the organization announced plans to appeal the decision to the 7th Circuit Court of Appeals, aiming for a preliminary injunction to halt the law’s implementation while the case unfolds.
For vape shops heavily reliant on flavored products, the consequences of the law have been swift. Ali Ali, owner of Buma Smoke Shop in Waukesha, expressed frustration over the timing of the legislation. “We have around 60 percent of our revenue and 70 percent of our stock sitting idle because we cannot sell it,” he lamented. Ali urged lawmakers to reconsider the restrictions, warning that without adjustments, many businesses could face closure.
Similarly, Doug Spencer, who operates Let’s Roll Tobacco and Vape in Brookfield, described the immediate effects of the law as devastating. “It’s a terrible law. People don’t want the limited options available, and I’ve had to dispose of a significant amount of inventory,” he said, reiterating his financial losses while grappling with compliance.
Health advocates and lawmakers champion the legislation, emphasizing its intent to safeguard youth from the dangers associated with vaping. Representative Scott Allen, a Waukesha lawmaker and mayoral candidate, underscored the imperative of public health in the law’s creation. Allen referenced distressing incidents, including severe health crises among adolescents linked to vaping, to reinforce the necessity of stricter regulations.
Meanwhile, health organizations maintain that the law must evolve to more effectively address issues like nicotine addiction and impacts on young people’s health. Molly Collins, advocacy director for the American Lung Association, expressed concerns over the dangers of vaping, particularly among young users. Collins noted that while registry laws are not a comprehensive solution, measures protecting youth from flavored and high-nicotine products are imperative.
As financial pressures mount, some owners are determined to navigate the legal and regulatory landscape. Asad remains optimistic, stating, “Even though certain products are off the shelves, we have other items to offer, and we will adjust our business model to thrive.”
The situation continues to develop as vape shop owners adapt to the law’s changes while hoping for a more favorable outcome in court.
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