Wisconsinites for Alternatives to Smoking and Tobacco, Inc. (WiscoFAST), a 501c6 trade organization, joined by thousands of Wisconsin businesses and consumers, filed a lawsuit June 30, 2025 in the United States District Court for the Western District of Wisconsin to block Wisconsin Statutes § 995.15, the state-wide ban on vaping. This law directs the Wisconsin Department of Revenue to impose fines on manufacturers and sellers of electronic nicotine delivery systems (ENDS, also known as e-cigarettes or vapor products) that lack U.S. Food and Drug Administration (FDA) marketing authorization. On July 8, 2025, WiscoFAST and the other plaintiffs moved for a preliminary injunction against the enforcement of section 995.15.
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Starting no later than September 1, 2025, this law will prohibit the sale of many ENDS products currently available in Wisconsin, including those with pending FDA premarket tobacco product applications (PMTAs). The law also imposes a backdoor ban on federally legal non-nicotine vaporizer products, such as those used with hemp, by requiring FDA authorization that does not apply to these products. If enforced, Section 995.15 will prevent Wisconsinites from purchasing the vaping products they rely on and threaten the closure of approximately 3,000 small businesses across the state.
The lawsuit, filed against David Casey in his official capacity as Wisconsin Secretary of Revenue, argues that Section 995.15 violates the Supremacy Clause of the U.S. Constitution by usurping the FDA's exclusive authority to enforce the Federal Food, Drug, and Cosmetic Act (FDCA). It argues that the law violates the Equal Protection Clause of the Fourteenth Amendment by arbitrarily prohibiting ENDS with non-tobacco-derived nicotine while allowing some tobacco-derived nicotine products.
“Section 995.15 will strip Wisconsinites of their right to purchase the vaping products they use to stay smoke-free, while threatening to shutter 3,000 small businesses that are vital to our state's economy,” said Tyler Hall, President of WiscoFAST. “This law disregards the FDA's careful approach to regulating ENDS and could push former smokers back to deadly combustible cigarettes. We're fighting to protect consumer choice and the livelihoods of thousands of Wisconsin workers.”
Plaintiffs include WiscoFAST, representing distributors and retailers statewide, as well as Distro Guys Wholesale, TruVibe Inc. (dba The Supply Plus), Johnny Vapes, LLC, Visfot, Inc. (dba Nara Smoke), Wages and White Lion Investments, LLC (dba Triton Distribution), and Wisconsin consumers who rely on ENDS to avoid smoking. These businesses face severe financial penalties or closure, and consumers will lose access to products critical to their health choices. This threatens jobs and local economies across Wisconsin.
Website: www.wiscofast.org
About Wisconsinites for Alternatives to Smoking and Tobacco, Inc. (WiscoFAST)
WiscoFAST is a Wisconsin-based trade association dedicated to educating lawmakers, government officials, and the public about the benefits of electronic nicotine delivery systems (ENDS) as alternatives to traditional smoking. Representing distributors, wholesalers, and retailers across Wisconsin, WiscoFAST advocates for policies that promote public health and support the vapor industry.
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SOURCE Wisconsinites for Alternatives to Smoking and Tobacco, Inc.
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