Vape shop owners in Wisconsin are contesting a new state law that bans vaping products not approved by the FDA, fearing it will harm their businesses.
Wisconsin vape shop owners challenge new state law in federal court
Vape shop owners in Wisconsin are contesting a new state law that bans vaping products not approved by the FDA, fearing it will harm their businesses.
MORNING. NEW TONIGHT. VAPE SHOP OWNERS ARE FIGHTING A NEW STATE LAW BANNING VAPING PRODUCTS NOT PRE-APPROVED BY THE FDA. STARTING SEPTEMBER 1ST, BUSINESSES COULD BE FINED $1,000 A DAY FOR NOT COMPLYING. STORE OWNERS WORRY IT WILL HURT BUSINESS AS 12 NEWS T.J. DYSART REPORTS. SHOP OWNERS ARE NOT GOING DOWN WITHOUT A FIGHT. FOR 42 YEAR OLD JAMAL ABU, GETTING INTO VAPING INDUSTRY WAS MORE THAN JUST A BUSINESS DECISION. I SMOKED TWO PACKS A DAY WALKING UP AND DOWN MY STAIRS. I USED TO WHEEZE NOW WITH THE BEING A VAPOR. I DON’T FEEL THAT NO MORE. BUT A NEW STATE LAW PASSED BACK IN 2023 NOW HAS HIM WORRIED THAT HIS BUSINESS DISTRO GUYS WHOLESALE OFF PENNSYLVANIA AVE IN CUDAHY, COULD GO UP IN SMOKE. MY EMPLOYEES WOULDN’T HAVE A JOB. THERE’S 3000 VAPE SHOPS IN THE STATE THAT ALL SHUTTERED DOWN THEIR BUSINESSES THAT NO LONGER BE AVAILABLE. THE LAW, STATE LAW 9.95.15, PROHIBITS ALL SMOKE SHOPS FROM SELLING ANY DEVICES NOT ALREADY APPROVED BY THE FDA, WHICH ARE ONLY MENTHOL AND TOBACCO FLAVORED. IF THOSE BUSINESSES DON’T COMPLY BY SEPTEMBER 1ST, THEY WOULD FACE A $1,000 FINE PER DAY. TELL ME IN THIS SHELF ALONE HOW MUCH OF THIS WOULD BE CONSIDERED ILLEGAL? EVERYTHING HERE, YOU SEE, WOULD BE ILLEGAL. EVEN JUICES WOULD NOT BE ALLOWED TO BE SOLD. NOW, THESE TWO PRODUCTS ARE TWO OF THE PRODUCTS THAT COULD STAY ON THE SHELVES HERE AT THIS STORE. THE CEO TELLS US THEY DON’T SELL AS WELL. DO YOU THINK ANY VAPE SHOP IN TOWN COULD SURVIVE BY JUST SELLING JEWELRY? NO, NOT AT ALL. BREAK DOWN THIS LAWSUIT FOR ME. WHAT ARE YOU GUYS DEMANDING AT THIS POINT? OUR LAWSUIT IS SAYING, HEY, YOU GUYS ARE TRYING TO REGULATE SOMETHING THAT YOU’RE NOT ABLE TO REGULATE. TYLER HALL WITH WISCONSINITES. TWO ALTERNATIVES TO SMOKING AND TOBACCO IS BEHIND A LAWSUIT AGAINST WISCONSIN’S DEPARTMENT OF REVENUE FILED IN FEDERAL COURT LAST MONTH. HALL, ALONG WITH SEVERAL VAPE SHOPS IN THE STATE, INCLUDING DISTRO GUYS, ARE DEMANDING A JUDGE BLOCK THE LAW. HALL BELIEVES IT’S ABOUT PROFIT. THEY’RE TRYING TO TAKE A MONOPOLY OVER OUR INDUSTRY AT THE EXPENSE OF ALL OF US, SMALL BUSINESS OWNERS AND THE 300,000 WISCONSIN VAPERS. T.J. JOINS US LIVE IN THE NEWSROOM TONIGHT. T.J., YOU ASKED THE STATE DEPARTMENT OF REVENUE FOR COMMENT TONIGHT, AND WE HAVE NOT YET HEARD BACK. JAMES, WE SHOULD POINT OUT THAT THE FDA HAS SAID THAT E-CIGARETTES APPROVED BY THE FDA ARE A BETTER ALTERNATIVE THAN SMOKING CIGARETTES. IN ORDER FOR VAPE DEVICE TO GET FDA APPROVAL, THE COMPANY HAS TO PROVE THAT THE PRODUCT BENEFITS PUBLIC HEALTH. A FEDERAL JUDGE WILL HEAR THE CASE IN COURT ON AUGUST 1ST.
Wisconsin vape shop owners challenge new state law in federal court
Vape shop owners in Wisconsin are contesting a new state law that bans vaping products not approved by the FDA, fearing it will harm their businesses.
Updated: 10:13 PM CDT Jul 26, 2025
Editorial Standards ⓘ
Vape shop owners in Wisconsin are challenging a new state law that bans the sale of vaping products not pre-approved by the Food and Drug Administration, with fines of $1,000 per day for non-compliance starting Sept. 1. Jamal Abujad, a 42-year-old vape shop owner, expressed concern over the impact on his business, Distro Guys Wholesale in Cudahy. “I used to smoke two packs a day. Walking up and down my stairs, I used to wheeze. Now, being a vaper, I don’t have that no more,” Abujad said. “My employees would not have a job, there are three thousand different vape shops in the state that will be shut down, their businesses would no longer be available.”State law 995.15 prohibits smoke shops from selling any devices not approved by the FDA, which currently includes only menthol and tobacco-flavored products. Tyler Hall, representing Wisconsinites to Alternatives to Smoking and Tobacco, is leading a lawsuit against Wisconsin’s Department of Revenue, filed in federal court last month. “Our lawsuit is saying, ‘Hey, you guys are trying to regulate something that you are not regulating,'” Hall said.Hall believes the law is driven by profit motives. “They are trying to take a monopoly over our industry at the expense of all of us small business owners and the three hundred thousand Wisconsin vapers,” Hall said.The state Department of Revenue has not yet responded to requests for comment. The FDA has stated that e-cigarettes approved by the agency are a better alternative than smoking cigarettes, requiring companies to prove their products benefit public health for approval.A federal judge will hear the case on Aug. 1.
CUDAHY, Wis. —
Vape shop owners in Wisconsin are challenging a new state law that bans the sale of vaping products not pre-approved by the Food and Drug Administration, with fines of $1,000 per day for non-compliance starting Sept. 1.
Jamal Abujad, a 42-year-old vape shop owner, expressed concern over the impact on his business, Distro Guys Wholesale in Cudahy.
“I used to smoke two packs a day. Walking up and down my stairs, I used to wheeze. Now, being a vaper, I don’t have that no more,” Abujad said. “My employees would not have a job, there are three thousand different vape shops in the state that will be shut down, their businesses would no longer be available.”
State law 995.15 prohibits smoke shops from selling any devices not approved by the FDA, which currently includes only menthol and tobacco-flavored products.
Tyler Hall, representing Wisconsinites to Alternatives to Smoking and Tobacco, is leading a lawsuit against Wisconsin’s Department of Revenue, filed in federal court last month.
“Our lawsuit is saying, ‘Hey, you guys are trying to regulate something that you are not regulating,'” Hall said.
Hall believes the law is driven by profit motives.
“They are trying to take a monopoly over our industry at the expense of all of us small business owners and the three hundred thousand Wisconsin vapers,” Hall said.
The state Department of Revenue has not yet responded to requests for comment. The FDA has stated that e-cigarettes approved by the agency are a better alternative than smoking cigarettes, requiring companies to prove their products benefit public health for approval.
A federal judge will hear the case on Aug. 1.
0 Comments