2FIRSTS | Virginia asks Fourth Circuit to stay order blocking parts of its unauthorized-vape sales law
Virginia seeks a stay from the Fourth Circuit Court of Appeals regarding a district court order blocking parts of its vape sales law.Summary
Virginia has appealed a district court order that partially blocked enforcement of its law restricting unauthorized vaping product sales, arguing the law does not conflict with federal regulations. The district court found the state law was preempted by the federal Food, Drug, and Cosmetic Act (FDCA) and the Tobacco Control Act (TCA). Virginia contends that the FDCA and TCA allow states to impose stricter regulations and do not require state rules to differ from federal law. The state further argues its law operates independently and can exclude products even if FDA-authorized, if state registration requirements aren't met. Virginia also challenges the plaintiffs’ standing and asserts irreparable harm to public health if the stay is not granted, emphasizing the products in question are already illegal under federal law.
(Source：2Firsts)
