VTA’s Response to the TRO Granted in the State of Alabama Today

Published on August 13, 2025

Yesterday, in Vapor Technology Association, et al. v. Spencer, et al., Judge Monet Gaines granted our request for a Temporary Restraining Order (TRO) against the enforcement of Alabama House Bill 8 on the basis that the law is unconstitutional under the Foreign Commerce Clause and unconstitutional due to preemption. Today’s TRO extends to the plaintiffs in the case and VTA members.

This ruling marks an important step in our ongoing fight to protect small businesses from unfair and overreaching laws and regulations. While this is a temporary measure, it provides some critical relief for the many local vape retailers and distributors in Alabama working hard to serve adult consumers and stay afloat in a challenging environment.

VTA will continue to lead the fight in courts across the country, defending the rights of small businesses, promoting innovation, and standing up for the 500,000 Americans who die every year from cigarette-related illnesses by advocating for access to safer vaping alternatives. However, it’s imperative that the Trump Administration prioritizes the adoption of new, common-sense, and streamlined scientific federal requirements that will protect American citizens and American business moving forward.

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.