According to a report by Wdio on August 27, lawmakers in Wisconsin, United States, intend to prohibit the sale of all e-cigarette products that have not received approval from the U.S. Food and Drug Administration (FDA), effective September 1st (Labor Day). This proposed ban has generated significant opposition from small businesses. The Wisconsin E-Cigarette Manufacturers Association (WISCOFAST) has filed a lawsuit in federal court in an effort to prevent the regulation from taking effect. A decision regarding whether to issue an injunction is expected to be made within the week.
Tyler Hall, founder of WISCOFAST, stated that the implementation of the ban would negatively affect thousands of e-cigarette retail outlets across the state: "E-cigarette retailers will no longer be able to offer traditional e-cigarette products that have been available for over a decade."
Under the current regulation, only nicotine-free or menthol-flavored e-cigarettes that have been approved by the FDA may be legally sold in Wisconsin. However, Hall emphasized that, at present, no flavored e-cigarette products have been granted approval.
Tim Frey, a spokesperson for Ignite Dispensary, noted that if the ban is enforced, he would be required to remove nearly all products from store shelves, or otherwise face substantial penalties: "The penalty is $1,000 per stock-keeping unit (SKU) per day. For example, if a single brand offers a flavor in five different nicotine concentrations, that constitutes five separate SKUs. A single day of noncompliance could result in fines amounting to thousands of dollars."
Frey further stated that this regulation could result in the loss of millions of dollars in annual tax revenue for the state, as well as lead to additional challenges, including business closures, job losses, and reduced consumer options. There are approximately 3,000 e-cigarette retail stores statewide, and more than half of them may be forced to close as a consequence of the ban.
