Court Upholds North Carolina Vape Sales Restrictions
A federal appeals court affirmed the denial of an injunction against a state law limiting which vape products can be sold in North Carolina.
Updated on Nov. 10, 2026 in Law
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The Fourth Circuit affirmed a district court's denial of a preliminary injunction against North Carolina's 2024 law, which allows only vape products listed in a state directory to be sold in the state. The court found retailer plaintiffs had standing but that the challengers did not show a likelihood of success on their preemption claim.
Why it matters
The ruling lets North Carolina enforce its directory of permitted vape products while the broader challenge continues. It also reinforces that the federal tobacco law's savings clause leaves states room to regulate tobacco product sales.
The ruling is a 68-page Fourth Circuit opinion affirming denial of a preliminary injunction, which means the state law remains in effect pending further litigation. The source does not state how many products are currently on the directory or how the merits will be decided.
The players
Fourth Circuit Court of Appeals
The federal appellate court that reviews decisions from district courts in Maryland, North Carolina, South Carolina, Virginia, and West Virginia.
Eastern District of North Carolina
The federal trial court whose judge initially denied the preliminary injunction against the state law.
The details
The lawsuit was brought by vape manufacturers, retailers, a trade association, and a consumer. Under the 2024 law, manufacturers must certify FDA authorization, timely submission for FDA review, or a limited minor-modification exemption to appear on the directory, and products not listed face civil penalties.
Timeline
2024: North Carolina enacted the vape product directory law.
November 9, 2026: The Fourth Circuit published its decision affirming the injunction denial.
Legal Context
The ruling applies the savings clause of the Family Smoking Prevention and Tobacco Control Act of 2009, which preserves state authority to regulate tobacco product sales. It positions North Carolina's directory model as a state-level alternative to purely federal FDA authorization for vape products.
North Carolina retailers can continue selling only vape products on the state directory, and products not listed face civil penalties. Consumers in the state will see which vape products remain available depending on whether manufacturers qualify for the directory.
The takeaway
Vape sellers in North Carolina should check whether their products appear on the state directory, since the ruling leaves the law in effect while the case continues. Shoppers should expect product availability to depend on directory status rather than FDA authorization alone.
Further reading
For more on how state regulations are handled in court, see the Law section.
Source note: This article includes information reported by North Carolina Lawyers Weekly.
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