Montgomery County Circuit Judge Monet Gaines granted a temporary restraining order on Tuesday against state enforcement of a recently passed vape law.
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 requested the temporary restraining order as part of a lawsuit filed on Monday against the state of Alabama.
“Yesterday, in Vapor Technology Association, et al. v. Spencer, et al., Judge Monet Gaines granted our request for a Temporary Restraining Order (TRO) against the enforcement of Alabama House Bill 8 on the basis that the law is unconstitutional under the Foreign Commerce Clause and unconstitutional due to preemption. Today’s TRO extends to the plaintiffs in the case and VTA members,” Tony Abboud, executive director of the Vapor Technology Association, said in a statement on Wednesday.
“This ruling marks an important step in our ongoing fight to protect small businesses from unfair and overreaching laws and regulations. While this is a temporary measure, it provides some critical relief for the many local vape retailers and distributors in Alabama working hard to serve adult consumers and stay afloat in a challenging environment.”
Abboud continued, “VTA will continue to lead the fight in courts across the country, defending the rights of small businesses, promoting innovation, and standing up for the 500,000 Americans who die every year from cigarette-related illnesses by advocating for access to safer vaping alternatives. However, it’s imperative that the Trump Administration prioritizes the adoption of new, common-sense, and streamlined scientific federal requirements that will protect American citizens and American business moving forward.”
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