BATON ROUGE, La. (BRPROUD) — The Louisiana Convenience and Vape Store Association filed a temporary restraining order and permanent injunction Tuesday regarding a law that would remove unapproved vapor products from the market.
The law, which also approved increasing taxes on vaping products, requires retailers to register vape products with the Louisiana Alcohol and Tobacco Control in the V.A.P.E. Directory by Nov. 1.
Two state agency heads are listed as defendants in the lawsuit filed in East Baton Rouge Parish — ATC Commissioner Ernest Legier and Louisiana Department of Revenue Secretary Kevin Richard.
Legier said the use of vapes in the U.S. is an “epidemic within the most vulnerable” citizens and youth and the new law “directly protects public safety by ensuring that only FDA-approved vape products are offered for sale in our state.”
“Under this new law, the ATC will provide regulatory authority of one hundred percent of the known universe of legal vape products,” Legier added.
The ATC, according to Legier, plans to “vigorously defend its obligation to protect Louisiana citizens and looks forward to a judicial decision rendered in its favor.”
“The Louisiana Department of Revenue administers state tax laws as passed by the legislature and signed by the Governor,” said Richard in a statement Thursday. “Act 414 of the 2023 Regular Session of the Louisiana Legislature is no exception. The Department will respect the judicial process and will reevaluate collection efforts and enforcement once this matter is resolved.”
Court records show a hearing is set for Nov. 8.
