Vape Not Yet Approved By The FDA Vape Company No Eligible To Sue

The Attorney General and Tax Commissioner of Virginia have submitted documents in federal court requesting the dismissal of injunction lawsuits against two vavape companies, citing that the products in question were not approved by the US Food and Drug Administration (FDA) and are considered illegal federal products. The state believes that the plaintiff lacks legal sales rights and cannot prove irreparable damage, therefore they are not eligible to apply for an injunction.

Quick overview of key points

1.  Event: Virginia requests federal court to dismiss vape ban lawsuit
2. Main parties: Plaintiffs – Novo Distro Inc. and Tobacco Hut and Vape Fairfax Inc; Defendant – Virginia Attorney General’s Office
3. State stance: Products that have not been approved by the FDA are illegal; The ban is a public health measure and does not violate federal law
4. Plaintiff’s claim: Requesting the court to prevent the state government from enforcing the ban on flavored vapes, claiming that the regulations favor “big tobacco”
5. Legal progress: The state claims sovereign immunity and considers the plaintiff ineligible to sue

In the documents submitted by the state, it is stated that the plaintiffs Novo Distro Inc. and Tobacco Hut $ Vape Fairfax Inc. have no legal right to sell unapproved vape products and therefore are not qualified to claim an injunction request.

The plaintiff filed a lawsuit in October 2025, claiming that Virginia’s ban on selling flavored vapes had been replaced by federal law, arguing that the ban was pushed by large tobacco companies and intended to exclude small operators.
The state government subsequently requested the court to dismiss the lawsuit, stating that the Federal Food, Drug, and Cosmetic Act (FDCA) and the Tobacco Act did not deprive states of the power to regulate tobacco sales. The state emphasizes that Virginia has the right to completely ban the sale of vape products.

The state reiterated in the latest document that the purpose of federal and state regulations is the same – to prevent nicotine addiction and the circulation of illegal products. The FDA’s lack of enforcement on certain products does not mean that state bans are “excessive,” but rather based on federal resource limitations.
The state also claims sovereign immunity, stating that Virginia has not waived its immunity from being sued in federal court, and the plaintiff has failed to point out any ongoing federal wrongdoing.
In response to the plaintiff’s claim that the ban favors large tobacco companies, the state responded that the regulations treat all companies equally and require them to obtain or apply for FDA approval. Even large enterprises have had their product applications rejected by the FDA.
The state believes that the plaintiff’s delay in filing the lawsuit does not indicate the existence of “irreparable harm”, as the injunction gradually came into effect from July 2024 and the lawsuit was not filed until October 2025.
The state lawyer wrote, “Prohibiting the sale of vape products that have not been approved by the FDA while allowing the sale of legal products that meet scientific standards clearly contributes to public health and social welfare.”

The current vape laws and regulations in the United States are extremely unfriendly to China vape factory and vape manufacturer. I mentioned in an article earlier: FDA Launched Web-based PMTA Optimize Tobacco Application System
High testing costs and strict testing standards. Almost all Chinese vape brands are blocked outside. At the same time, it has also brought huge benefits to local vape practitioners in the United States