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Alabama Supreme Court Declines to Block State Vape Law

Members of the Alabama Supreme Court rejected on Thursday to approve a preliminary injunction on a new vape law passed by state lawmakers in 2025. 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 Alabama state and the ABC board hoping to block the parts of the law. “This case is a great example of a State’s retention of authority under its usual police powers to regulate a matter of legitimate statewide concern, especially the health and welfare of its citizens. So, the Legislature in this case hasn’t 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 reasonable chances of success on the benefits of their dormant Commerce Clause claim,” Alabama Supreme Court Associate Justice Will Sellers mentioned in an opinion released on Thursday. “The State defendants have failed to demonstrate that the plaintiffs lacked standing. Anyway, the plaintiffs have failed to demonstrate a reasonable likelihood of success on the merits of their constitutional claims; thus, they’ve 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 confirmed.”

R.J. Reynolds Section 337 Complaint Moves to USITC Investigation

Tobacco giant R.J Reynolds has thrown e-cigarette manufacturers under the bus by filing legal complaints that could have serious consequences for the vaping industry. The company behind the vaping brand Vuse filed complaints with the USITC on 26 February 2026, giving rise to an official investigation. What Are The Accusations? R.J Reynolds is accusing a Chinese e-cigarette manufacturers group and their U.S distributors of importing vaping products in ways that break both state and federal laws. 16 companies have been named, along with manufacturers across China, and distributors spread across various U.S states. R.J Reynolds claims these companies have been: If the investigation proves those claims, R.J Reynolds wants either a blanket import ban on the products in question or targeted orders against the 16 named brands. Why Should You Care? If R.J. Reynolds gets what it wants, a hefty part of the disposable vape market could be eliminated almost overnight. Many brands you see in the convenience stores and vape shops come from exactly the type of manufacturers and supply chains this complaint is aiming at. If you have a vape near you, check where it was made. You’re likely to see cities in China, like Shenzhen or Guangdong, credited as the manufacturers of your device.  So, if R.J. wins, that means fewer products on the shelves, and the ones that stay will go through a price boost. It will also leave several independent retailers with vacant shelves and no obvious replacement stock. If you are a vaper who buys from smaller stores than big chains, a decision in R.J. Reynolds’ favor will affect you the most. Why is R.J. Reynolds Doing This? Well, they are surely not doing this out of care for public health. They are one of the biggest players in the vaping industry, and by eliminating their competition, they can allow themselves a bigger share of the industry. It doesn’t take an Einstein to see who benefits most from a verdict like this, and it’s surely not the independent side of the industry. What Happens Next? Nothing is final yet, and the USITC has cleared it out that launching the investigation doesn’t mean anyone is guilty yet. They still need to go through official hearing procedures first, and a date hasn’t been set as of the time of publishing. But, in the worst-case situation, if an import ban is imposed, it takes effect quickly unless the U.S Trade Representative overrules it within 2 months. This one is surely worth watching and could totally reshape the disposable vaping industry in the U.S forever.

New York Advances Vape Registry and New Tax Proposal

In her New York State budget proposal for fiscal year 2017, Governor Kathy Hochul announced many elements aimed at restricting access to nicotine pouches and vaping products and making them more costly. The 2017 fiscal year starts April 1, 2026. Some of the governor’s proposals are: New York banned online sales and flavored vapes in 2020. Despite the flavor ban, Hochul accepts that 99% of vapor products offered in New York are flavored and violate state law. Yet, despite unsuccessfully trying to micromanage the big vape market, the governor continues to think that putting extra restrictions and bigger penalties will create a difference. Registry laws, like the one Hochul is proposing, usually originate with tobacco industry lobbyists. As they reward brands with enough income to spend millions on PMTAs and wait for authorization, tobacco companies like Altria Group and R.J. Reynolds have used registry laws as a strategy to end competition by the small, independent industry. Hochul hasn’t proposed an increase on cigarette tax rates, which are already the highest in the country at about $5.35/pack. If Hochul’s ideas for a registry and increased enforcement are successful, the market for flavored vapes could move totally completely underground, eliminating any tax benefit to the state. History shows that when flavored vape products are banned, some consumers turn to the black market while some revert to smoking lethal cigarettes. The governor’s budget proposal will now go through a 30-day period of being amended and supplemented. It will then be debated in the State Legislature, and both the State Senate and State Assembly will produce their own budget proposals. The final budget must be approved by both houses of the legislature and the governor by March 31.

Walgreens Brings FDA-Authorized Vape Products Back to Its Stores

Pharmacy chain Walgreens will start selling vapes in more than 6000 locations soon, according to the Bloomberg news site. The publication cited Walgreens employees who spoke anonymously and a Juul labs spokesperson who confirmed that FDA-authorized Juul products will be sold by the drug store chain. The decision is crucial, as it offers vape access to thousands of Americans who vape or would like to, although the Walgreens product variety is likely to be limited to a few FDA-authorized vapes. Some Walgreens locations, including all New York state stores, can’t sell vapes, due to local or state laws restricting sales in pharmacies. Walgreens was recently bought by private equity company Sycamore Partners, according to Bloomberg, which may have led to the decision to put vapes back in the stores. The privately operated Walgreens is focused on boosting revenue in its retail locations. Walgreens runs more than 8000 retail pharmacies, bit lesser than major competitor CVS. After removing all tobacco and consumer nicotine products from its shelves in 2014, CVS became a big contributor to tobacco control organizations, which in turn pressures Walgreens and other pharmacies to also end sales of nicotine products. Walgreens stopped dealing in vaping products in 2019, when teenage use reached its peak and pressure from tobacco control and public health groups forced a verdict. Walmart and grocery chain Kroger also ended vape sales in 2019. A Kroger spokesperson told Bloomberg the company resumed selling vaping products in 2023, after the FDA approving certain products for sale and youth vaping declined significantly. Walmart and CVS haven’t reversed their no-vape policies.

Alabama Prepares for Statewide Vape Tax Enforcement

A lot of vapers in Alabama will face more prices as early as Wednesday as a patchwork of local taxes start to take effect. Local municipalities have rushed to approve vape taxes before a state law takes effect that stops them from passing new taxes on vaping commodities after October 1. The Alabama State Legislature passed a bill in early May that will impose a $0.10 per ml wholesale tax on e-liquid starting in October 2026. That law also bans local governments from passing their own e-liquid taxes after October 1 2025. “Notwithstanding any other provision of this act, an act of the Legislature or an ordinance or resolution by a taxing body enacted or passed on or before October 1, 2025, providing or imposing for the levy of a license fee or local tax shall remain operative; however, no extra local tax or license fee may be imposed on the transaction of consumable vapor products after the effective date of this act,” says HB 529. As local officials got to know of the time limit, towns and cities across the state have been in a race to approve their own taxes before the cutoff date. A portion of the state tax (25%), when it starts, will go to counties and municipalities based on their population. But several city leaders have decided that their share of that pie may be much smaller than what they could make by imposing their own taxes. Counties and cities that assess their own tax will not get any of the state tax revenue, but small business owners will have to pay both taxes and deal with the taxing authorities. And the new excise costs will be added to the costs consumers pay. Just like with any local tax, many consumers will avoid it by traveling to businesses in closeby jurisdictions without a tax, or by buying online. In either case, local businesses will get affected the most. Some cities have approved their own $0.10/mL to prices next year, which will hurt both local retailers and consumers. Although we don’t have a comprehensive list, some regions that already have adopted new local taxes are Decatur, Decatur, Fairhope, Dothan, Muscle Shoals, Gulf Shores, Spanish Fort, and Orange Beach. The city council in Mobile, the 2nd-largest city in Alabama, will debate a proposed tax ordinance today, according to NBC 15 News. Six U.S. states, including Alabama, have passed laws to make or increase vape taxes so far this year.

Pennsylvania PMTA Registry Law Moves Toward Enforcement in 2026

Pennsylvania bill HB 1425 is finally on Governor Josh Shapiro’s desk, awaiting his approval or veto. The PMTA registry bill, if signed into law by the respected governor, will limit access to several-containing vaping products in the state. The bill mandates creation of a registry of vape products that can be legally offered in Pennsylvania. While exact dates are not final yet, it looks like the directory will be published about six months after the governor signs the bill, and enforcement will start about 4 months after that. Pennsylvania is the 4th U.S. state to approve a restrictive registry bill this year, although more than 20 other states have thought about similar bills. In 2025, Arkansas, Mississippi, and Tennessee have passed registry laws, and all 3 have been signed into law by those states’ governors. Overall, 14 states have now approved PMTA registry bills. The Pennsylvania bill, which vaping advocates say was promoted by tobacco industry lobbyists, is in most aspects a general registry law, the main elements of the bill include: The law will not penalize consumers for buying or keeping products not included on the registry.

Arizona Signs New Law Restricting Vape Sales to Minors

The Governor of Arizona, Katie Hobbs, has signed a new law to strengthen regulations regarding alternative nicotine products, including vapes. The legislation introduces new requisites for distributors, stops certain marketing practices, and increases penalties on businesses that sell vaping products to people under the age of 21. Supporters of the law say that these changes are meant to reduce youth access to vaping products while improving oversight of the state’s rising alternative nicotine market. One of the key provisions requires distributors of alternative nicotine products to obtain authorization from the Arizona Department of Liquor Licenses and Control. By bringing distributors under a proper authorization procedure, law enforcers hope to boost accountability and make it smoother for regulators to monitor businesses working within the industry. The law also keeps a close eye on marketing practices that may attract younger consumers. Under the new rules, vaping products can’t be marketed in ways that are designed to attract minors. This includes products that look like cartoon characters, games, toys, or other stuff usually associated with children and teenagers. During debate over the legislation, House Republican Teresa Martinez pointed to examples of vape products that she thought blurred the line between consumer products and novelty items. Supporting the bill, Martinez referenced a vape product crafted to resemble a Slurpee cup keychain and featuring a cherry scent. “We had a vape that was in a Slurpee cup that looked like a keychain and smelled like cherry. It was very tempting,” Martinez stated. Lawmakers backing the step argue that product designs and marketing gimmicks can affect how young people see vaping products. By limiting youth-oriented branding and packaging, they hope to mute the appeal of these products among minors. Apart from marketing restrictions, the legislation also introduces stricter penalties for ventures that sell vapes or other nicotine products to individuals under the legal age of 21. Supporters say stronger consequences are needed to encourage compliance with current age-verification requirements and prevent underage sales. The law also reflects a broader trend seen across the US, where state governments continue to look for ways to address concerns about youth vaping. Several states/regions have adopted stricter rules regarding product sales, packaging, advertising, and age verification in recent years as regulators seek to limit access among minors while taking care of legal access for adults. For Arizona, the newly signed legislation signifies another step toward increasing oversight of the vaping market. While supporters see the measure as an important medium for preventing youth access to nicotine products, businesses operating in the industry will now need to make sure they comply with the state’s updated requisites for distribution, marketing, and sales. The law is expected to have a massive impact on companies selling or distributing vape products within Arizona, particularly those whose marketing practices or product designs may now fall under increased regulato

FDA Authorizes First Age-Gated Glas G2 Vape Device

The FDA authorized the sale of the pod-based Glas G2 vape device last week, making it the 10th available e-liquid-based vape device currently with an MGO (marketing granted order). The agency also authorized the Blonde Tobacco-flavored pod for the device in 50mg/mL nicotine strength. The G2 is the 1st vape product authorized by the FDA that uses built-in age-gating innovation, which must be turned on before the device can be used. Glas Inc., an independent vape business located in LA, is the only vape company with an authorized product that is not either presently owned by or had an affiliation with the tobacco industry. Logic, NJOY, and Vuse are all owned by major tobacco players, and Juul Laps was partially owned by the Altria Group from 2018 and 2023.  No FDA announcement or press release The authorization wasn’t announced with an FDA press release. The Glas device was added to the agency’s authorized list of e-cigarettes. This is the first time when a vape product has earned marketing authorization without an FDA announcement. On December 20, 2025, a PDF appeared in Google alerts showing the FDA had added the Glas device and multiple Glas pods to its authorized list, but the list wasn’t updated. According to industry advocate Gregory Conley, who discovered the PDF, two of the flavors listed were neither menthol nor tobacco. The FDA attributed this mistake to a technical fault. All Glas pod flavors aside from the authorized Blonde Tobacco stay under FDA review, Glas submitted (PMTAs) premarket tobacco product applications for the product in July 2021. In December 2025, Juul Labs and its affiliate VMR Products filed a complaint with the U.S. International Trade Commission (ITC), alleging that few Glas products infringe Juul patents. So, an ITC investigation is underway.  Will age-gating tech change the flavor game? In a LinkedIn statement, Kevin Higgins (Glas Chief Operating and Financial Officer) said he remained “positive about the imminent path to authorization for the full suite of Glas G2 products, including our flavored and menthol pods.” Many in the vape industry see age-gating innovation as the key to a future in which non-menthol/tobacco flavors can be sold with the permission of FDA. Several manufacturers such as Juul Labs and other major tobacco companies have submitted PMTAs for next-gen products through various age-gating technologies. Although, in its recently proposed industry guidance update, the FDA states that age-gating developments alone would probably not be sufficient to overcome the heightened concerns related to what it calls youth-appealing flavors.  In other words, manufacturers will still be needed to conduct randomized controlled trials or studies to prove that non-tobacco flavors work better than tobacco flavors to help in smoking cessation even if they install premium age-gating technology to prevent youngsters from using them. The Glas G2 device, according to Glas CEO Sean Greenbaum, requires users to pair it with a Bluetooth-enabled smartphone, download the app, upload a selfie and images of their driving license, and then operate the device while close to the phone. Without the ability to legally sell non-tobacco/non-menthol flavors, age-gating innovation seems more like a burden than a benefit to the brand. Consumers are less likely to go for a product that requires them to jump through hoops to activate when they can just select one of the other authorized tobacco or menthol products that work right out of the package. And even if the FDA authorizes age-gated products in candy or fruit flavors, consumers already have access to thousands of unauthorized disposable vapes in every flavor possible.  

Updated List of FDA-Authorized Vapes in 2026

June 4, 2026 – The U.S. Food and Drug Administration (FDA) has authorized four additional Glas G2 refill pods, including blueberry and mango varieties, expanding the agency’s list of legally marketed vaping products in the United States. The newly authorized pods are available exclusively in a nicotine strength of 50 mg/mL and represent one of the few non-tobacco flavored vaping products to receive marketing authorization under the FDA’s Premarket Tobacco Product Application (PMTA) pathway. The decision further expands the FDA-authorized vaping market, which remains relatively limited compared to the broader range of products available globally. What Was Authorized? The latest authorization adds four Glas G2 refill pods to the FDA’s roster of authorized electronic nicotine delivery systems (ENDS). The Glas G2 product line now includes: The authorization follows the FDA’s March 2026 decision granting marketing orders for the Glas G2 device and its Blonde Tobacco refill pod. While tobacco and menthol products continue to dominate the FDA’s authorized portfolio, the addition of fruit-flavored options marks a notable development in the agency’s review process. Current FDA-Authorized E-Liquid Vapes As of June 2026, the following vaping products have received FDA marketing authorization and remain available for sale in the United States: Glas G2 JUUL Logic Pro Logic Power NJOY DAILY NJOY DAILY EXTRA NJOY ACE Vuse Alto Vuse Solo Vuse Vibe Recent FDA Vape Authorizations The FDA’s authorized vaping portfolio has expanded gradually over the past two years.  In June 2024, the agency authorized four menthol-flavored products manufactured by NJOY, including NJOY ACE Menthol pods and menthol versions of the NJOY DAILY and DAILY EXTRA devices. One month later, in July 2024, the FDA granted marketing authorization to the Vuse Alto device and six tobacco-flavored refill pods. In July 2025, the agency authorized the JUUL device alongside Virginia Tobacco and Menthol pods in both 3% and 5% nicotine strengths. Most recently, the FDA authorized the Glas G2 device in March 2026 before expanding the lineup with additional menthol and fruit-flavored pods in June. What FDA Authorization Means FDA marketing authorization allows a tobacco product to be legally marketed in the United States. However, authorization does not mean a product is safe, nor does it mean the product has been “FDA approved.” According to the agency, all tobacco and nicotine products carry health risks and may cause addiction. To receive authorization, manufacturers must demonstrate that marketing a product would be “appropriate for the protection of public health.”  The FDA evaluates scientific evidence, product characteristics, toxicological data, and the potential impact on both adult smokers and youth before issuing a marketing order. The agency maintains an online list of authorized e-cigarettes and updates it whenever new products receive authorization.  Newly authorized products are also added to the FDA’s Searchable Tobacco Products Database, which serves as the agency’s most comprehensive record of legally marketable tobacco products. A Small Slice of the Vape Market Although the FDA has authorized dozens of vaping products, the list remains relatively narrow compared to the broader U.S. vaping market. Most authorized products fall into tobacco or menthol categories, while many popular product segments-including bottled e-liquids, open-system devices, refillable tank systems, and a large number of disposable vapes-have yet to receive marketing authorization. At the same time, numerous PMTAs remain under FDA review, and some manufacturers continue to challenge marketing denial orders in federal court.  As a result, the FDA’s authorized product list represents only part of the evolving regulatory landscape surrounding vaping products in the United States. Looking Ahead The authorization of four additional Glas G2 pods signals continued movement within the FDA’s PMTA review process and modest growth in the agency’s authorized vaping portfolio. While tobacco and menthol products still dominate the market, the addition of blueberry and mango pods suggests that the range of authorized products may gradually expand beyond traditional flavor categories. With applications from multiple manufacturers still awaiting regulatory decisions, the FDA’s list of authorized vaping products is likely to continue evolving throughout 2026. Sources: U.S. Food and Drug Administration (FDA), FDA Marketing Granted Orders (MGOs), FDA Searchable Tobacco Products Database. Vapor Insight independently reviews regulatory developments affecting the vaping and nicotine industries. This article is based on publicly available FDA records and agency communications available at the time of publication.

State Agency Prepares for New Vape Law Enforcement Under Vape Safety Act

West Virginia regulators are preparing to launch enforcement of the state’s new Vape Safety Act, with licensing, inspections, and compliance measures set to begin as key provisions take effect over the next year. The West Virginia Alcohol Beverage Control Administration (WVABCA) is ramping up preparations to implement and enforce the state’s new Vape Safety Act, a sweeping regulatory framework that will bring vape retailers under a formal licensing and compliance system. Administrative and criminal enforcement provisions of House Bill 5437 are scheduled to take effect on July 1, 2026, although several requirements will be phased in over the following 12 to 18 months. According to WVABCA Commissioner Fred Wooton, the agency has already contacted approximately 400 businesses that may be affected by the new law and has begun training both licensing and enforcement personnel ahead of the rollout. Licensing and Enforcement Preparations Underway State officials say significant groundwork has been completed in preparation for the law’s implementation. The WVABCA has developed a vape and smoke shop licensing application, created compliance guidance for businesses, issued warning notices outlining regulatory requirements, and begun training staff responsible for enforcement and licensing operations. The agency has also conducted site visits and market research to better understand how vape businesses operate across the state. “We think we’re ready to tackle this task,” Wooton said while discussing the agency’s preparations. Under the new law, vape shops will be subject to licensing requirements, periodic inspections, and both administrative and criminal penalties for violations. Businesses will also have the right to appeal enforcement actions. New Rules for Vape Retailers House Bill 5437 establishes a range of new requirements for vape retailers operating in West Virginia. Among the provisions are background investigations for license holders and restrictions preventing licensed vape shops from being used as residential properties. The legislation was introduced after state lawmakers sought greater oversight of the growing vape retail sector and clearer regulatory standards for businesses operating within the industry. State officials have emphasized that one of the primary goals of the law is preventing underage access to vaping products. Through the new licensing system, regulators will be able to impose administrative sanctions in addition to existing criminal penalties for retailers found selling products to individuals under the legal age of 21. Additional Restrictions Begin in 2027 While enforcement begins in July 2026, several additional requirements will take effect next year.  Starting March 1, 2027, retailers will no longer be permitted to sell vape products featuring names, branding, or labeling that reference candy, bubble gum, gummy bears, lollipops, cartoons, or cartoon characters. The restrictions are intended to limit marketing elements that regulators believe could appeal to minors. Additional advertising restrictions are scheduled to take effect on July 1, 2027. Under those rules, vape retailers will be prohibited from using flashing or blinking signs, and storefront signage will be subject to size limitations. The law also includes setback requirements related to schools, churches, daycare centers, and other locations, further expanding regulatory oversight of vape retail operations. Education Before Enforcement According to Wooton, the agency’s initial focus will be on helping businesses understand and comply with the new regulations rather than immediately pursuing enforcement actions. State officials say the extensive outreach effort – including notifications sent to hundreds of businesses – is intended to give retailers sufficient time to understand the new requirements before inspections begin. “We want to preach education over enforcement,” Wooton said. However, he also emphasized that violations involving underage sales will be treated seriously and could result in sanctions under the new regulatory framework. Broader Regulatory Role In addition to overseeing vape shop licensing and compliance, the WVABCA is working alongside the West Virginia Department of Agriculture and the West Virginia State Tax Department on the regulation and enforcement of standards related to products such as Delta-8 THC and kratom. The expanded responsibilities reflect a broader effort by state authorities to increase oversight of alternative nicotine and hemp-derived product markets. Looking Ahead With enforcement set to begin on July 1, 2026, West Virginia vape retailers are entering a transition period as the state prepares to implement one of its most significant regulatory changes for the industry in recent years. While officials expect a high level of compliance among affected businesses, the coming months will determine how effectively the new licensing system, product restrictions, and enforcement measures are adopted across the state. Sources: West Virginia Alcohol Beverage Control Administration (WVABCA), House Bill 5437, public statements by WVABCA Commissioner Fred Wooton. Vapor Insight independently reviews regulatory developments affecting the vaping and nicotine industries. This article is based on publicly available records and official statements available at the time of publication.