Members of the Alabama Supreme Court declined on Thursday to grant a preliminary injunction on a new vape law passed in 2025 by state lawmakers.
The new law, passed in the 2025 legislative session, regulated and restricted the sale of vape products in Alabama and increased fines for businesses.
The Vapor Technology Association, a national trade association, and Southside Vape filed a lawsuit against the state of Alabama and the ABC Board hoping to block parts of the law.
However, the Alabama Supreme Court sided with the state of Alabama on Thursday.
“This case is a prime example of a State's retention of authority under its general police powers to regulate a matter of legitimate statewide concern, specifically the health and welfare of its citizens. Thus, the Legislature in this case has not overstepped its role in regulating foreign commerce; rather, it has declared a legitimate interest to protect the State's citizens by regulating a potentially harmful product and by restricting its sale and distribution. Accordingly, we conclude that the plaintiffs have failed to demonstrate a reasonable likelihood of success on the merits of their dormant Commerce Clause claim,” Alabama Supreme Court Associate Justice Will Sellers said in an opinion released on Thursday. “The State defendants have failed to demonstrate that the plaintiffs lacked standing. Nevertheless, the plaintiffs have failed to demonstrate a reasonable likelihood of success on the merits of their constitutional claims; thus, they have also failed to demonstrate that the balance of harms and public interest weigh in favor of enjoining enforcement of the Alabama Act. Accordingly, the order of trial court denying the plaintiffs' motion for a preliminary injunction is affirmed.”
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