North Carolina’s Vape Registry Law Headed to Federal Court

A major legal battle is brewing in North Carolina over a new state law that vape manufacturers and retailers argue goes too far. The law, known as Session Law 2024-31 (HB 900), took effect May 1, 2025, and it’s already causing waves throughout the vaping industry. Now, a coalition of businesses and advocates is pushing back with a federal lawsuit, claiming the state has overstepped its authority. 

What the Law Does 

At the heart of the controversy is a new compliance rule requiring that only e-cigarette products with official FDA marketing authorization can be sold in the state. That’s a very high bar—most vape products on the market today are still awaiting a final decision from the FDA. Under the law, North Carolina’s Department of Revenue will maintain a list of approved products. Retailers have until June 29, 2025, to remove anything not on that list from their shelves. 

Why It’s Being Challenged 

The plaintiffs, led by the Vapor Technology Association (VTA) along with several manufacturers, retailers, and even a consumer, argue that the state is effectively trying to enforce federal law—a role that belongs solely to the U.S. Food and Drug Administration. This, they claim, violates the Supremacy Clause of the U.S. Constitution, which makes federal law the highest law of the land. They also argue that the state’s different treatment of tobacco-derived vs. synthetic nicotine violates the Equal Protection Clause of the 14th Amendment. 

The Stakes for Small Business and Public Health 

For vape shop owners and manufacturers, the economic risks are huge. If the law goes into full effect, many say it will force them to shut down or dramatically reduce their offerings. For consumers—especially adults who use vaping products as a less harmful alternative to smoking—the impact could mean fewer choices and increased barriers to alternative products. 

What's Next? 

The plaintiffs are asking the court to put a hold on the law’s enforcement while the legal issues are resolved. If the court agrees, retailers may get a temporary reprieve. But the broader question—how far states can go in regulating federally controlled products—is likely to have lasting effects on the industry nationwide. 

As this lawsuit moves forward, it could shape not just the future of vaping in North Carolina, but the role states play in regulating tobacco alternatives across the country.