State Enforcement Alerts – AL & VA
Published on January 15, 2026
Alabama and Virginia
These alerts are provided for informational purposes only and do not constitute legal advice. Companies with questions should consult their legal counsel.
đź”” Member Alert: Alabama
Alabama Supreme Court Preserves TRO Blocking ENDS Registry Enforcement
Case Reference: VTA v. Marshall, Civ. No. 3-CV-2025-901284
Applies To: VTA Members, Retailers, and Distributors of ENDS Products in Alabama
Summary
The Alabama Supreme Court has denied the State’s request to stay a Temporary Restraining Order (TRO) that blocks enforcement of key provisions of Act 2025-403, Alabama’s ENDS PMTA registry law. As a result, the TRO remains in effect during the appeal, and Alabama enforcement officers may not enforce its PMTA registry or U.S.-manufacturing requirements against covered parties (see below) at this time.
What This Means for Members — Right Now
❌ What the State CANNOT Enforce (For Now)
Alabama may not enforce provisions that require:
- ENDS products to have FDA authorization or a pending PMTA
- Compliance with the PMTA registry created by Act 2025-403
- ENDS products to be manufactured in the United States
đź‘Ą Who Is Covered by the TRO
The TRO applies to:
- Vapor Technology Association (VTA) and VTA members as of 2:00 p.m. on August 12, 2025
- Southside Vapes, LLC
We believe this protection also extends to distributors who sell products to VTA-member retailers.
What Has NOT Changed
All youth-access and marketing restrictions remain fully enforceable, including:
- Alabama Code § 28-11-13 — Prohibits the sale of ENDS products to minors
- Alabama Code § 28-11-16(d) — Prohibits marketing that appeals to minors
This list is not exhaustive. Members should consult the statute and their legal counsel for full requirements.
Important Case Developments
- August 15, 2025: Circuit Court issued TRO blocking enforcement of Act 2025-403
- October 16, 2025: Court denied preliminary injunction but extended TRO pending appeal
- December 10, 2025: Alabama Supreme Court denied the State’s motion to stay TRO
Result: The TRO remains in effect throughout the appeal.
Key Takeaway
Alabama may not enforce its ENDS PMTA registry or U.S.-manufacturing requirements against covered parties while the appeal is pending, but all youth-access and marketing restrictions remain fully enforceable.
đź”” Member Alert: Virginia
Important Court Ruling Affecting Virginia Nicotine & Vapor Product Enforcement
Case Reference: NOVA Distro v. Miyares, Civil No. 3:25-cv-857 (E.D. Va.)
Applies To: Retailers and Distributors of Liquid Nicotine and Nicotine Vapor Products in Virginia
Summary
A federal court has temporarily blocked Virginia from enforcing key parts of its liquid nicotine and vapor product registry law. As a result, law enforcement officers within the Commonwealth cannot currently require products to be listed on the state directory or force products off the market based on FDA authorization status.
What This Means for Members — Right Now
âś… What You CAN Do (For Now)
- Continue selling liquid nicotine and vapor products without regard to Virginia’s product directory
- Operate without fear of state penalties, fines, or product removal based solely on FDA authorization status
❌ What Virginia CANNOT Do (For Now)
- Enforce the state nicotine/vapor product directory
- Require product removal or issue fines based on FDA authorization status
- Act as an FDA enforcement agency
What Has NOT Changed
Virginia continues to enforce all other tobacco and nicotine laws, including:
- Age-verification requirements
- Licensing
- Taxes
- Compliance inspections
This ruling does not legalize unlawful sales practices.
Key Takeaway
Virginia may regulate how nicotine products are sold—but, for now, it cannot force products off shelves by enforcing federal FDA authorization rules.
Important Reminder:
This court order is temporary, and the case is ongoing. Enforcement rules may change.
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