Federal Judge Rules Indiana Vape Law Unconstitutional
Goodcat, LLC filed a recent lawsuit against Indiana claiming that the new vapor law discriminates against out of state manufacturing and requirements for a security company breaks the preemption of federal law. It's doubtful whether or not the preemption claims will hold up, but there is potential for a good fight since the Indiana Vaping Law is in violation of whats called "The Dormant Commerce Clause". The clause is basically protection against the state discriminating or overextending their reach on interstate commerce.
The judges final ruling was that under the current law only one manufacturer would be able to meet the security measures in order for vape shops to run and that the state was placing a lot of hoops for interstate commerce to jump through. GoodCat, LLC has been issued a permit to sell their out of state e-liquid until the entire case is wrapped up.
But The Fight Is Far From Over
Another Judge at the same district court found that the law was constitutional despite hearing some of the same arguments as in this case. Some are speculating that both rulings will end up appealed. It'll be at least several more months of an uphill battle for both vape manufacturers and consumers alike. B&M prices for e-liquid have sky rocketed recently pushing more and more vapers to either pony-up or quit vaping and go back to traditional cigarettes. The new ruling however does allow some potential for out of state e-liquid companies to obtain these temporary permits in order to be able to sell their products in Indiana. This is just the tip of the iceberg as far as unjust state regulations go for the United States.
Do you have any crazy vape regulations where you are? Are you or anyone you know doing anything about it? Drop us a line below to tell us your story.