Alabama Judge Halts Enforcement of Controversial Vape Law
In a significant legal win for vape industry advocates, Montgomery County Circuit Judge Monet Gaines has granted a temporary restraining order (TRO) against enforcement of Alabama’s newly passed vape law.
The law, approved during the 2025 legislative session, sought to restrict and regulate the sale of vape products in the state while also imposing steeper fines on businesses found in violation.
The TRO stems from a lawsuit filed by the Vapor Technology Association (VTA) and Southside Vape, challenging the law’s constitutionality. The plaintiffs argue that Alabama House Bill 8 violates both the Foreign Commerce Clause and federal preemption principles, effectively overstepping the state’s authority.
Why the Court Stepped In
In Vapor Technology Association, et al. v. Spencer, et al., Judge Gaines sided with the plaintiffs—at least temporarily—agreeing that the law raises serious constitutional questions. The ruling blocks enforcement for the plaintiffs and all VTA members while the case moves forward.
Tony Abboud, executive director of VTA, praised the decision as a critical reprieve for vape retailers and distributors:
“This ruling marks an important step in our ongoing fight to protect small businesses from unfair and overreaching laws and regulations. While this is a temporary measure, it provides some critical relief for the many local vape retailers and distributors in Alabama working hard to serve adult consumers and stay afloat in a challenging environment.”
The Bigger Picture
The lawsuit is not just about one state law—it’s part of a broader national battle over vape regulation, harm reduction, and small business survival. Abboud emphasized that 500,000 Americans die annually from cigarette-related illnesses, and that access to safer vaping alternatives is vital for public health.
The case also highlights tensions between state-level restrictions and federal oversight. As Abboud noted, the vaping industry is still calling on the Trump administration to implement common-sense, science-based federal regulations that would create a clear, uniform standard—rather than a patchwork of conflicting state laws.
What’s Next
The TRO is temporary, and the ultimate fate of Alabama’s vape law will be decided in court. If the plaintiffs prevail, it could set a precedent for challenging other restrictive state vape laws across the country. If the state wins, it may embolden lawmakers elsewhere to push similar legislation.
For now, Alabama vape businesses have breathing room—but the fight over vaping rights and regulatory overreach is far from over.
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