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Indiana law on vaping products struck down as unconstitutional in appeal

The requirements Indiana State placed on out-of-state companies have been deemed in violation of the US Constitution's commerce clause by the Court of Appeal. This is a victory of the professional sector in Indiana, said R2B Smoke-free.

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January 31, 2017

Victory in Indiana for the Right to be Smoke-Free Coalition trade group representing out-of-state e-cigarette manufacturers against the state’s Vapor Pens and E-Liquid Act.

The 2015 Indiana law governing the manufacture and sale of vaping products including e-liquids has been challenged before the 7th US Circuit Court of Appeals on Monday. A Reuters communicate informs that Circuit Judge David Hamilton ruled in favor of vaping sector and declared some of the provisions like the obligation of a contract with a security firm couldn’t be enforced.

This decision overturns the June 2016 ruling by U.S. District Judge Sarah Evans Barker in Indianapolis.

The state’s Vapor Pens and E-Liquid Act has an “extraterritorial reach that is unprecedented,” violating the “dormant” Commerce Clause of the U.S. Constitution.Circuit Judge David Hamilton

VICTORY IN INDIANA!! The Right to be Smoke-Free Coalition is proud to announce the 7th Circuit has ruled in our favor! @r2bsmokefree (1/2)

— ECIGattorney® (@ECIGattorney) January 30, 2017