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Federal Lawsuit to Challenge Wisconsin's Vaping Ban

On June 30, 2025, a significant legal challenge was initiated against Wisconsin's recently enacted vaping ban. The lawsuit, spearheaded by Wisconsinites for Alternatives to Smoking and Tobacco, Inc. (WiscoFAST), aims to prevent the enforcement of Wisconsin Statutes § 995.15. The law, which mandates that all electronic nicotine delivery systems (ENDS) sold in the state must possess U.S. Food and Drug Administration (FDA) marketing authorization, has raised serious concerns among consumers and thousands of small businesses alike.

Starting September 1, 2025, the law threatens to remove a substantial array of vaping products from the market, including those that are currently under FDA review. Additionally, it imposes restrictions on non-nicotine vaping products, such as those leveraging hemp, thus infringing upon consumer options.

Tyler Hall, President of WiscoFAST, expressed alarm over the law's potential repercussions. He stated, “This law could prevent Wisconsinites from accessing the vaping products that they depend on to remain smoke-free. Moreover, it could lead to the closure of around 3,000 small businesses that are crucial for our local economy.”

The lawsuit has been filed against David Casey, the Wisconsin Secretary of Revenue, and argues that Section 995.15 contradicts the U.S. Constitution’s Supremacy Clause by overstepping the FDA’s jurisdiction regarding the Federal Food, Drug, and Cosmetic Act (FDCA). It further contests the law’s validity under the Equal Protection Clause of the Fourteenth Amendment, as it discriminatively bans ENDS with nicotine not derived from tobacco while allowing the sale of some tobacco-based products.

The legal action has garnered support from various stakeholders, including numerous businesses reliant on the vaping industry and consumers who utilize ENDS as a smoking alternative. These plaintiffs face the imminent threat of financial penalties and operational restrictions as a result of the new regulations.

In efforts to expedite the legal proceedings, WiscoFAST, alongside other plaintiffs, has filed for a preliminary injunction against the enforcement of the law. This move aims to provide immediate relief to those impacted by the impending bans until the court can adequately evaluate the merits of the case.

Concerns surrounding consumer choice and public health are at the core of the lawsuit. Many former smokers rely on vaping as a method to transition away from traditional cigarettes, which have established a reputation for being far more hazardous. Hall notes that pushing individuals back towards combustible tobacco products could undo progress made in reducing smoking rates.

In summary, the outcome of this lawsuit holds considerable implications for the vaping community in Wisconsin. Should the courts uphold the law, it may effectively strip residents of their right to choose safer alternatives to smoking. Conversely, if the injunction is granted, it could signify a win for local businesses and vaping advocates as they push back against regulations they perceive as overreaching.

For ongoing updates about the lawsuit and its effects on Wisconsin's vaping landscape, stay tuned to local news outlets, as this case continues to unfold and shape the future of vaping regulations in the state.