CHARLESTON, W.Va. — Two vape shop operators representing nearly 30 retail outlets and a product manufacturer are challenging the state’s Vape Safety Act in federal court.
The Vape Safety Act went into effect July 1 after being approved by the West Virginia Legislature in this year’s regular session. It requires licenses, background checks, location, and product restrictions that are enforced by the state Alcohol Beverage Control Administration.
The lawsuit, filed in U.S. District Court in Charleston, claims violations of the 1st, 5th, and 14th Amendments.
More on Vape Safety Act challenge
Plaintiffs Salah Ahmed Qasem Hasan, Naseem Hasan, and Omar Luft own or manage several of the vape shops and are not United States citizens but are in the country legally with proper permission to work. Hasan and Luft allege the citizenship requirement “adversely affects their ability to operate the businesses and obtain, maintain, or renew a license under the new law.”
Hasan and Luft also assert the new law establishes setback requirements from churches, schools, and daycare centers and that some of those requirements have been changed to “as determined by the WVABCA.”
More read Vape Safety Act complaint
Manufacturer Blue Ridge Extractions asserts the new labeling, packaging, marketing, advertising, and sales restrictions create business/market uncertainty.
The suit claims the new provisions deny, restrict, or place conditions on their ability to continue operating existing businesses, and the advertising, marketing, labeling, and product-display restrictions are unconstitutional and use arbitrary and irrational definitions.
Further, it alleges provisions that separate a vape shop from a cigar store are contradictory and create uncertainty about who the rules pertain to. The inconsistencies invite arbitrary and discriminatory enforcement, the lawsuit said.
In addition to reasonable attorney fees and costs, the plaintiffs seek temporary, preliminary, and permanent injunctive relief.