New Wisconsin regulations that ban non-FDA preapproved vapes and disposables will remain in place after a federal judge's ruling on Sept. 5, 2025, per Fox 11.
Officials say there are 216 vaping devices listed on the state's Electronic Vaping Device Directory; anything else is now illegal according to 2023 legislation. The new law primarily bans disposable vapes, open tanks, and juices.
Many vape shops now have empty shelves. They're unable to sell some of their most popular products, and many shops are concerned about their ability to remain open. Milwaukee alone has 530 stores that sell vapes, and they all have to clear out illegal inventory or face fines of $1,000 per day.
WiscoFAST, Wisconsinites for Alternatives to Smoking Tobacco, sued the Wisconsin Department of Revenue and requested a federal judge to block the new regulations until the case was heard. The judge denied that request.
WiscoFAST has since appealed to the U.S. Court of Appeals for the 7th Circuit and challenged the FDA's authority under federal law.
"This decision forces thousands of retailers across the state to remove products that adult consumers rely on, leaving them with very few alternatives," said Tyler Hall, president of WiscoFAST, in a statement. "Many of which are owned by large tobacco companies."
The vaping industry is often linked to negative health outcomes, particularly among young people, who tend to rely on disposables more than other groups. Disposables also contribute to the rise of single-use plastics, toxic e-waste, and improperly disposed lithium batteries.
Vaping contributes to broader environmental challenges. This ban could potentially reduce waste and planet-harming pollution. It could also push vape suppliers to develop more eco- and health-friendly products and technology.
Wisconsin locals expressed frustration with the new ban and inconsistencies in enforcement regarding big tobacco:
"Big tobacco and big pharma go hand in hand," one commented on the Fox 11 article. "These vape shops have absolutely zero chance in the courts. Sad that both of these industries make money off of cancer and the drugs that they sell."
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Yes 💯 "These last few days have been, uh, kind of tough," said Brett Huber, general manager of Cents Gifts Smoke Shop in Milwaukee, to WISN 12 News. "Could you see a store like this potentially having to shut down? Yes."
Another suggested under the FOX 11 article that it could help with cleanup and stated, "What should be obvious to everyone is how many vape products end up littering the roadsides."
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