Bipartisan Group of AGs Move to Extinguish Challenges to North Carolina Vape Registry

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  • A bipartisan coalition of 28 AGs filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit in support of North Carolina’s vape registry law.
  • The U.S. District Court for the Eastern District of North Carolina declined to preliminarily enjoin the law, which requires a directory of compliant vapes and bans sales of vapes that are not included in that directory
  • In their brief, the AGs argue plaintiffs—vape retailers and consumers—lack standing to challenge the North Carolina law because they lack injury-in-fact as the vape retailers’ products have not received the FDA marketing order required for lawful sales; and the AGs further argue that the federal Food, Drug, and Cosmetic Act does not preempt North Carolina’s law.
  • The AGs urge the court to uphold the district court’s denial of a preliminary injunction.
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