Major Legal Win for Vape Businesses in Alabama: Injunction Remains in Effect

The Alabama vapor industry secured a critical victory today in the ongoing legal battle over the state’s PMTA Registry Law (HB 8). This update applies ONLY to the vape bill—not the hemp bill (HB 445). 

Thanks to the combined efforts of the Vapor Technology Association (VTA) and lead attorney William Summerville, vape shops across Alabama will continue operating under full protection of the existing injunction—a major development that buys the industry valuable time and strengthens our position going into the next legislative session. 

🔥 Background: Where We Stand in the PMTA Registry Lawsuit 

Last month, VTA’s legal team executed a strategic legal maneuver that persuaded the trial court judge to keep the injunction in place, even though the judge declined to grant a preliminary injunction. This meant Alabama could not enforce its PMTA registry law while the appeal moved forward. 

• The State then attempted to overturn that protection. 
• The State appealed the decision. 
• VTA filed its own cross-appeal to the Alabama Supreme Court. 
• The State also asked the Supreme Court to lift the injunction immediately so enforcement could begin. 

Today, the Supreme Court responded. 

✅ BREAKING: Alabama Supreme Court Denies the State’s Request 

In a 4–3–1 decision, the Alabama Supreme Court DENIED the State’s motion to stay (i.e., lift) the injunction. 

What This Means Right Now: 

• The TRO/injunction REMAINS fully in effect. 
• Shops can continue operating normally, without fear of enforcement under HB 8. 
• No product removal. No registry enforcement. No shutdowns. 
• The injunction may remain in effect for 6–9 more months, giving the industry breathing room and leverage. 

This is a monumental win—especially considering the aggressive enforcement model other states have begun adopting. Alabama vape businesses now have stability heading into 2025 and beyond. 

🧑⚖️ Insights from Attorney William Summerville 

Attorney Summerville confirmed the following procedural outlook: 

• The injunction stays in place until full briefing is completed, currently scheduled through February 27. 
• With likely extension requests, briefing may run into mid–late March. 
• A final ruling from the Alabama Supreme Court is estimated to take six to nine months. 

This timeline maintains critical protections for vape shops well into 2025 while the legal team continues fighting. 

🏛️ What Happens Next? 

With enforcement halted, VTA will now: 

• Return to the Alabama Legislature during the 2025 session 
• Work to amend or replace the PMTA registry law 
• Push for a regulatory framework that protects adult access, small businesses, and the independent vapor industry 

This extended injunction strengthens the industry's position going into the next round of legislative negotiations. 

🎯 Why This Win Matters 

The PMTA registry model—now appearing in multiple states—has become one of the greatest threats to independent vapor businesses. Alabama’s injunction remaining intact: 

• Prevents immediate industry disruption 
• Buys time for legal and legislative solutions 
• Reinforces the strength of VTA’s arguments 
• Sets a positive tone for ongoing and future legal challenges 
• Protects adult consumers who rely on harm-reduction products 

In short: Today’s ruling is not just a delay—it’s a major strategic advantage.