Vapor Technology Association and Southside Vape, LLC v. Col. Alan Spencer

Summary

The court affirmed the denial of a preliminary injunction against Alabama's regulation of electronic nicotine-delivery products. It held that the plaintiffs had standing because enforcement threatened concrete economic and enforcement-related injuries, but concluded that they had not shown a reasonable likelihood of success on either their implied-preemption or dormant-Commerce-Clause claims. The court determined that federal tobacco law preserves substantial state authority over the sale and distribution of tobacco products and that Alabama's foreign-product restrictions serve a legitimate health and safety purpose.