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Wisconsin’s Ban On Many Vapes Upheld In Appeals Court

A three-judge panel issued their decision April 21

A federal appeals court upheld Wisconsin’s 2023 law banning the sale of many vape brands, but another appeals district appears likely to block Iowa’s similar law – creating conflicting rulings that could be ripe for U.S. Supreme Court review.

For months, a coalition of vape store owners tried to block enforcement of the state law that requires them to sell only vapes listed on Wisconsin’s approved list. A federal judge denied their request shortly after the law went into effect Sept. 1, 2025.

The industry group Wisconsinites for Alternatives to Smoking and Tobacco (WiscoFAST), which warned the law could put smoke shops out of business, appealed to the 7th Circuit Court of Appeals. Oral arguments happened in December.

A three-judge panel issued their decision April 21, upholding the lower ruling and keeping the law in place.

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