Col. Alan Spencer

Summary

The Supreme Court of Alabama affirmed the denial of a preliminary injunction against Alabama's regulation of electronic nicotine delivery systems. It held that the plaintiffs had standing because enforcement threatened concrete economic and legal harms, but concluded that they had not shown a reasonable likelihood of success on either their implied-preemption or dormant-Commerce-Clause claims. The court also concluded that the balance of harms and public interest did not favor injunctive relief.