The legal battle over Alabama's 2025 vape law continues, but the state scored an important procedural victory this week. The Alabama Supreme Court has upheld a lower court's decision denying a preliminary injunction, allowing the law regulating electronic nicotine delivery systems (ENDS) to remain in effect while the lawsuit moves forward. 

Although the ruling does not decide whether the law is ultimately constitutional, it means manufacturers, distributors, and retailers must continue complying with Alabama's requirements for the foreseeable future. 

 

What Did the Alabama Supreme Court Decide? 

 

The case was brought by the Vapor Technology Association (VTA) and Southside Vape, which sought to block enforcement of several provisions of Alabama's 2025 vape law while litigation continued. 

The plaintiffs argued that portions of the law: 

• Are preempted by the federal Tobacco Control Act.  
• Violate the U.S. Constitution's Dormant Commerce Clause by discriminating against foreign commerce.  

 

The Alabama Supreme Court rejected those arguments at this stage of the case, finding that the plaintiffs had not demonstrated a reasonable likelihood of succeeding on the merits—a key requirement for obtaining a preliminary injunction. 

As a result, the law remains enforceable while the lawsuit proceeds through the courts. 

 

Court Emphasizes Alabama's Regulatory Authority 

 

Writing for the court, Associate Justice Will Sellers concluded that Alabama was acting within its traditional authority to regulate products affecting public health and safety. 

The opinion states that the Legislature has identified a legitimate state interest in regulating vaping products and restricting their sale and distribution as part of its responsibility to protect the health and welfare of Alabama residents. 

Importantly, the court did not issue a final ruling on the underlying constitutional questions. Instead, it determined only that the plaintiffs had not met the legal standard required to temporarily halt enforcement. 

 

What Alabama's 2025 Vape Law Does 

 

The law, enacted during the 2025 legislative session, significantly expands state regulation of vaping products. 

Key provisions include: 

• Restricting sales of many ENDS products to specialty vape retailers.  
• Establishing new licensing requirements for businesses.  
• Increasing penalties for violations.  
• Implementing additional measures intended to reduce youth access to vaping products.  

 

Supporters argue these changes are designed to strengthen oversight and reduce youth vaping. Industry organizations, however, have expressed concerns that the law limits adult access to legal products while creating additional burdens for retailers, distributors, and manufacturers. 

 

What This Means for Vape Retailers and Distributors 

 

Because the preliminary injunction was denied, businesses operating in Alabama should continue following all applicable provisions of the law. 

For wholesalers and retailers, this means remaining aware of: 

• Licensing obligations  
• Product eligibility requirements  
• Retail sales restrictions  
• State enforcement actions  
• Potential compliance deadlines  

 

While the lawsuit remains active, there is currently no pause on enforcement. 

 

The Case Isn't Over 

 

The Alabama Supreme Court's decision is procedural rather than final. 

The underlying lawsuit challenging the law's legality will continue in the lower courts, where the plaintiffs may continue pursuing their federal preemption and constitutional claims. 

Future rulings could still affect portions of the statute, but for now, Alabama regulators retain the authority to enforce the law as enacted. 

 

Looking Ahead 

 

State regulation of vapor products continues to evolve across the country, with more legislatures adopting licensing programs, product restrictions, and enhanced enforcement measures. 

For manufacturers, distributors, and retailers, keeping up with these developments is becoming increasingly important as state-specific requirements continue to expand. 

MiPod Wholesale will continue monitoring significant legislative and legal developments impacting the vapor industry and provide updates as new information becomes available. 

MiPod Wholesale is proud to stand with the Vapor Technology Association. Help protect the future of our industry—join the fight and become a VTA member today.