Montgomery County Blocks Enforcement Of New Alabama Vape Law

Montgomery County Circuit Judge Monet Gaines blocks enforcement of new Alabama vape law

On August 14th, 1819news reported that Judge Monet Gaines of the Montgomery County Circuit Court approved a temporary restraining order on August 12th, prohibiting the state from enforcing the recently passed e-cigarette law.
This new bill, passed in the 2025 legislative session, regulates and restricts the sale of vape products in Alabama, and increases fines for businesses.
The Vapor Technology Association and Southside Vape filed a lawsuit against Alabama on August 11th, and the application for a temporary restraining order is part of the lawsuit.

Some litigation details

In a statement on August 13th, Tony Abboud, Executive Director of the Vapor Technology Association of America, said, “Yesterday, in the case of Vapor Technology Association et al. v. Spencer et al., Judge Gaines approved our request to issue a temporary restraining order against Alabama House Bill 8 on the grounds that the bill violates the Foreign Commerce Clause and is unconstitutional due to federal priority principles. Today’s temporary restraining order applies to the plaintiff in this case and members of the Vapor Technology Association of America.

This ruling is meaning an important step in our ongoing struggle to protect small businesses from unfair and overly interventionist laws and regulations. Although it is only a temporary measure, it provides critical breathing space for many local e-cigarette retailers and distributors in Alabama who are striving to serve adult consumers and survive in difficult environments.
Abboud also said: “The American Vapor Technology Association will continue to lead the fight in courts across the country, defend the rights of small businesses, promote innovation, speak for 500000 Americans who die every year from cigarette related diseases, and advocate that they obtain safer alternatives to vapes. However, the Trump government must give priority to the adoption of new, common sense and simplified scientific federal regulations to protect the future development of American citizens and American enterprises.”

Regarding the regulatory restrictions on vape products in Alabama, Ricky, COO of DankSmoke, said: “Since I started working in the vape industry. I have being service for different vape companies in China. They are vape trade company, vape factory, vape manufacturer, vape distributor. Almost every week, I see various restrictions and prohibitions or laws on vapes in different countries. Due to the particularity of this industry, I have always believed that the vape industry will exist”.