CUDAHY, Wis. — Vape shop owners in Wisconsin are contesting a state law that prohibits the sale of vaping products not authorized by the Food and Drug Administration, with potential fines escalating to $1,000 daily for non-compliance starting September 1.
Jamal Abujad, 42, who owns Distro Guys Wholesale in Cudahy, fears the new regulations could cripple his business. “I used to smoke two packs a day. Now that I vape, I feel healthier,” Abujad said. He expressed concern that the law could jeopardize the livelihoods of thousands. “If this law goes through, three thousand vapor shops could close their doors, putting many employees out of work.”
Under state law 995.15, smoke shops are barred from selling any vaping devices not approved by the FDA, which currently includes only menthol and tobacco flavors. Tyler Hall, an advocate with the organization Wisconsinites for Alternatives to Smoking and Tobacco, is spearheading a lawsuit against the Wisconsin Department of Revenue, initiated in federal court last month. “Our suit argues that the state is attempting to regulate a sector inappropriately,” Hall stated.
Hall contends that the legislation serves corporate interests rather than public health, suggesting a shift toward monopolizing the vaping industry at the cost of small business owners and the approximately 300,000 vapers across the state. “This is a deliberate attempt to undermine small businesses while consolidating power for larger entities,” he claimed.
As the lawsuit develops, the Wisconsin Department of Revenue has yet to issue a formal response to inquiries regarding the new measure. The FDA has previously indicated that e-cigarettes approved by the agency can be a safer alternative to traditional cigarettes, noting that companies must demonstrate their products positively impact public health to gain approval.
The case is set to be heard by a federal judge on August 1, a critical moment that could shape the future of the vaping industry in Wisconsin.
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