Alabama’s HB 8 Exposes the Flaws in America’s Broken Vape Regulatory System

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Key Points:

• Legal Challenge Filed: A lawsuit against Alabama officials targets House Bill 8, a new law restricting vape sales to products approved by the U.S. Food and Drug Administration (FDA). The law mirrors similar state registry schemes that effectively ban most products, as the FDA has authorized only 39 e-cigarettes – all in tobacco or menthol flavors.

• Core Issue: The case highlights the failures of America’s vape regulatory system, where conflicting state and federal policies restrict safer alternatives and penalize small businesses, despite evidence linking e-cigarette use to falling smoking rates.

• Law Details: Enacted in May 2025 and sponsored by Rep. Barbara Drummond (D-Mobile), HB 8 requires all vapor products sold in Alabama to be U.S.-manufactured or FDA-authorized. Manufacturers must register with the Alabama ABC Board, paying a $2,000 initial fee and $500 annual renewal. Retailers face new specialty licensing rules and penalties of up to $5,000 and permit revocation for repeat violations.

• Funding Breakdown: All fees and fines go to the new Tobacco Licensing and Enforcement Fund, divided among the ABC Board, State Law Enforcement Agency, State Board of Education, and Unified Judicial System for enforcement and prevention efforts.

• Court Action: In August 2025, the Vapor Technology Association and Southside Vape LLC sued, arguing HB 8 violates the Foreign Commerce Clause and is preempted by federal law. A temporary restraining order was granted, halting enforcement for the plaintiffs while litigation continues.

• National Context: The Alabama dispute reflects a broader pattern of overreach in U.S. tobacco harm reduction policy. Since 2016, FDA’s deeming regulations and state-level bans and taxes have constrained adult access to safer nicotine products while failing to curb youth use.

• Youth vs. Adult Trends: Alabama has no current state-level youth vaping data, but nationally, youth vaping fell to 5.9 percent in 2024, down from 20 percent in 2019, and youth smoking sits at a record-low 1.4 percent. Meanwhile, adult vaping in Alabama rose 86 percent since 2016 to 9.5 percent, while smoking fell 34 percent to 14.2 percent.

• Retail Enforcement: Between January 2024 and September 2025, FDA conducted over 5,400 retail inspections in Alabama, finding a 9.8 percent violation rate, well below federal benchmarks – evidence that existing compliance measures are effective.

• Policy Takeaway: Alabama’s HB 8 exemplifies fear-based policymaking that restricts adult harm reduction and ignores successful enforcement and declining youth use. Lawmakers should adopt evidence-based policies that preserve adult access to smoke-free products while continuing to protect minors.

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Retailers of tobacco harm reduction products in the Yellowhammer State will continue to be able to sell products sought after by adults – at least for now. A lawsuit was filed recently against Alabama state officials over the constitutionality of House Bill 8, enacted earlier this year, which requires retailers to sell only vapor products that have been approved and listed on a state registry. Like many other state registry bills, these directories are tied to federal authorization orders from the U.S. Food and Drug Administration, which to date has authorized the sale of only 39 e-cigarette products, all limited to tobacco and menthol flavors.

The lawsuit highlights the increasingly dysfunctional tobacco harm reduction marketplace in the United States, where smokers, small business owners, legislators, regulators, public health groups, and courts remain entangled in conflicting rules and competing interests. It also underscores the broader failure of the federal regulatory system to bring safer alternatives to market and the tendency of policymakers to ignore evidence showing that the introduction of e-cigarettes and other smoke-free nicotine products correlates with steep declines in smoking rates – and that these products are far safer than combustible cigarettes.

House Bill 8 was signed into law in May 2025. Its sponsor, Representative Barbara Drummond, a vocal anti-tobacco advocate, justified the legislation as a measure to curb what she described as a youth vaping “epidemic.” The law requires that any vapor system or e-liquid sold in Alabama must be manufactured in the United States or have received a federal marketing authorization from the FDA. Manufacturers are also required to register with the Alabama Alcoholic Beverage Control Board and pay a $2,000 initial registration fee followed by $500 annual renewal fees.

The law creates a specific licensing category for “specialty retailers” of e-cigarettes, defined as any business with “vape” or “vapor” in its name or one whose inventory consists of at least 50 percent vapor products. Individuals under 21 years of age are not permitted to enter these shops. Retailers must submit a non-refundable $50 filing fee and a $150 annual permit fee, in addition to their existing tobacco retail permit requirements. Those found selling unauthorized products not listed on the state registry face escalating penalties: up to $1,000 for a first offense, $2,500 for a second, and $5,000 plus permit revocation for a third violation within two years.

House Bill 8 also established the Tobacco Licensing and Enforcement Fund, into which all licensing, registration, and fine revenues are deposited. Forty percent of the fund is distributed to the ABC Board to cover enforcement costs, 20 percent to the Alabama State Law Enforcement Agency for tobacco and vape enforcement, 20 percent to the State Board of Education to develop awareness and prevention campaigns, and the remaining 20 percent to the Unified Judicial System for drug education and addiction rehabilitation programs for youth.

In August, the Vapor Technology Association and Southside Vape LLC filed a lawsuit against several state officials, arguing that the legislation violates the Foreign Commerce Clause by restricting the sale of products containing foreign-manufactured components, and that it is preempted by the federal Food, Drug, and Cosmetic Act because it imposes state-level regulations that conflict with federal authority. The plaintiffs sought an injunction and a temporary restraining order (TRO), which was granted by a Montgomery County Circuit Court judge, temporarily halting enforcement of certain portions of the law for the plaintiffs and members of the association. As of this writing, the TRO remains in effect.

The case in Alabama is emblematic of the broader governmental overreach surrounding tobacco harm reduction products. Since e-cigarettes were first introduced to the United States in 2007, the FDA has repeatedly sought to restrict their availability – first attempting to regulate them as medical devices before a federal judge ruled in 2011 that the agency could instead regulate them as tobacco products. In 2016, the FDA issued its deeming regulations, requiring manufacturers to submit costly and complex applications for marketing authorization. Meanwhile, state and local governments have imposed sin taxes and broad flavor bans that treat these smoke-free products no differently than combustible cigarettes.

Despite the rhetoric surrounding youth use, Alabama lawmakers have little state-level data to justify such sweeping restrictions. The state did not participate in the Centers for Disease Control and Prevention’s 2023 Youth Risk Behavior Survey. Nationally, the CDC reports that youth vaping is at its lowest level in a decade – just 5.9 percent of middle and high school students in 2024, down from 20 percent in 2019. Youth smoking is even lower, at just 1.4 percent. At the same time, adult vaping in Alabama has increased sharply, suggesting that many adults are using these products to reduce or quit cigarette smoking. In 2023, 9.5 percent of Alabama adults reported current e-cigarette use – an 86 percent increase from 2016 – while adult smoking declined by 34 percent, from 21.5 to 14.2 percent.

Retail compliance data also show that Alabama retailers are performing well in preventing underage access. Between January 2024 and September 2025, the FDA conducted more than 5,400 inspections of tobacco and vape retailers in Alabama and issued only 530 violations – a failure rate of just 9.8 percent, less than half the federal benchmark under the Synar Amendment. Of those violations, 27 percent involved e-cigarettes, a smaller share than those for cigarettes or oral nicotine. These data suggest that existing enforcement is working and that additional restrictions such as HB 8 are unnecessary to prevent youth use.

The litigation over HB 8 underscores how Alabama’s efforts to regulate tobacco harm reduction products mirror a national pattern of misguided policy driven by fear rather than evidence. By prioritizing prohibition and punitive enforcement over harm reduction, policymakers risk undermining adult access to safer alternatives and eroding the gains made in reducing cigarette smoking. The data are clear: youth vaping is declining, adult smoking is falling, and retailers are largely compliant. Instead of doubling down on heavy-handed restrictions, Alabama should embrace evidence-based policies that preserve adult access to smoke-free products while continuing to ensure that youth remain protected.

Nothing in this analysis is intended to influence the passage of legislation, and it does not necessarily represent the views of Tobacco Harm Reduction 101.