Alabama Modifies Vape Law Following Court Agreement — But Challenges Remain

Alabama’s vape law just got a serious course correction — but it’s not out of the woods yet. 

Following a federal lawsuit by the Petroleum & Convenience Marketers of Alabama (P&CMA), a new court-approved agreement has been reached that will temporarily protect convenience store vape sales in the state. The deal, made with the Alabama Alcoholic Beverage Control (ABC) Board and the Alabama Law Enforcement Agency, rolls back parts of the recently passed House Bill 8 (HB8) that would have effectively banned most vape sales outside of adult-only specialty shops. 

🔍 What Changed? 

The core issue: HB8 was originally written to prohibit all e-cigarette sales in non-specialty retailers (like gas stations and convenience stores) unless the products had full FDA marketing authorization. That’s a tall order — because the vast majority of vape products are still stuck in FDA review limbo. 

But under the new agreement, convenience stores with a valid state tobacco permit can continue selling vape products that: 

• Have received FDA marketing authorization
• Are under pending PMTA (Premarket Tobacco Product Application) review
• Or are under a court-issued stay from a marketing denial order (MDO)

So long as the product appears in Alabama’s ENDS (Electronic Nicotine Delivery System) Directory. 

“This ensures retailers can continue serving adult customers with products that remain lawful under federal guidelines,” said Bart Fletcher, President of P&CMA. “It brings needed clarity and protects access to FDA-reviewed products while preserving the convenience store channel.” 

⚖️ Why the Lawsuit? 

The P&CMA lawsuit argued that HB8 attempted to make Alabama an enforcer of federal FDA regulations, which states simply don’t have the legal authority to do. It also claimed the law unconstitutionally restricted trade by creating barriers that even the FDA hasn’t imposed. 

One particularly problematic clause restricted any non-specialty store from selling a product without full FDA authorization — which is less than 1% of the current market. That would have left hundreds of vape shops shuttered and thousands of consumers without access to their preferred products. 

Another key concern is a provision set to take effect in October 2025, banning the sale of vape products that contain any foreign-made components — unless those products have received FDA authorization. 

Let’s be real: nearly all vaping hardware — including those that the FDA has already authorized — is made in China. If this provision holds, it could wipe out the legal supply chain and make compliance nearly impossible, even for manufacturers trying to play by the rules. 

🚫 Still on the Chopping Block: Foreign-Made Components 

The legal challenge isn't over. The rule banning products with foreign-made parts is still on the books and set to take effect in October 2025. 

Critics argue that this is an “unconstitutional solution to a legitimate concern about public health,” adding that only the FDA has the authority to enforce these kinds of manufacturing restrictions. 

Enforcement of this rule would cause mass disruption, with even FDA-authorized brands potentially caught in the crossfire simply because their components are made overseas. 

🧃 What Does This Mean for Vape Consumers and Shops? 

For now, it’s a win — especially for convenience stores and adult consumers who rely on these outlets for access to products that help them stay off cigarettes. But the fight isn’t over. The foreign component ban remains a ticking time bomb, and the legal debate over states enforcing federal law is far from settled. 

Industry leaders warn that while keeping youth away from vaping is a shared goal, policies that disproportionately hurt access for adults undermine public health. 

Doug Kantor, General Counsel for the National Association of Convenience Stores (NACS), summed it up: “Convenience stores actually have a better track record at preventing underage sales. Putting all your chips on specialty vape shops may not get the results you think.” 

💬 Final Thoughts 

Alabama’s shift on HB8 proves that dialogue matters. When state agencies, industry leaders, and legal advocates collaborate, it’s possible to strike a balance between youth prevention and adult access. 

But the real test comes in 2025, as enforcement provisions around foreign-made components loom. Until then, expect continued legal battles, policy debate, and a whole lot of uncertainty. 

Stay informed, stay involved — and make your voice heard.