Vape retailers in West Virginia are pushing back against the state’s new Vape Safety Act, arguing in a federal lawsuit that several of the law’s provisions are unconstitutional and threaten to shut down their businesses.
What the Lawsuit Says
The suit was filed on behalf of Salah Ahmed Qasem Hasan, Naseem Hasan, and Omar Luft representing nearly 30 retail outlets across the state — along with manufacturer Blue Ridge Extractions, against the West Virginia Alcohol Beverage Control Administration (WVABCA).
The plaintiffs claim the Vape Safety Act, which took effect July 1 after passing the West Virginia Legislature earlier this year, violates their First, Fifth, and Fourteenth Amendment rights.
Citizenship and Licensing Requirements
A central complaint in the lawsuit involves the law’s citizenship requirement for licensing. The plaintiffs say they are in the country legally and hold proper documentation, but argue the requirement still negatively affects their ability to obtain, maintain, or renew a license to operate under the new law.
Distance Restrictions and Vague Definitions
The lawsuit also challenges a 300-foot distance requirement that sets vape shops back from churches, schools, and daycare centers — with plaintiffs noting that some of these requirements can reportedly be changed “as determined by the WVABCA,” which they argue creates uncertainty for business owners trying to comply.
The suit further claims the law creates confusion by defining vape shops separately from cigar stores in ways plaintiffs describe as contradictory, arguing this opens the door to arbitrary and discriminatory enforcement.
Manufacturer Also Pushing Back
Blue Ridge Extractions, the manufacturer named in the suit, argues that new labeling, packaging, marketing, advertising, and sales restrictions under the law create significant business and market uncertainty for producers, not just retailers.
Overall, the lawsuit claims these provisions deny, restrict, or place unreasonable conditions on the plaintiffs’ ability to keep operating their existing businesses, and that the advertising, marketing, labeling, and product-display restrictions rely on definitions the plaintiffs call arbitrary and irrational.
What’s Next
The case has been filed in federal court, and the plaintiffs are seeking relief from the law’s enforcement. As of now, no ruling or injunction has been issued the case remains in its early stages.
Source: WV MetroNews
