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Federal Judge Finds Indiana Vaping Law Unconstitutional, but the Fight Continues...

August 22, 2016 1 Comment

"A federal judge has ruled that Indiana's Vaping Law violates the Constitution." - IndyPolitics.com

Goodcat LLC, a Florida based company, has recently filed a lawsuit against the state of Indiana claiming that the new vapor law discriminates against out of state manufacturers and that the security firm that vape manufacturers are required to use breaks a preemption of federal law.  While the preemption claims may not hold up, there is a higher possibility that the Indiana Vaping Law is in violation of the "Dormant Commerce Clause."

Simply stated, The Dormant Commerce Clause provides protection against discrimination of interstate commerce.

The presiding U.S District judge, Judge Richard Young, has ruled that under the current law, only one company meets the security requirements imposed by the state of Indiana which has created undue burden on interstate commerce.  The judge has ordered the state of Indiana to issue a permit to Goodcat LLC which will allow them to sell their out-of-state manufactured e-juice into Indiana until the case is wrapped up.

Other vendors, like ShopMVG, are waiting for the final results of the case, though appeals may be up ahead regardless of the results. The initial ruling, however, is a positive sign for the vaping industry in Indiana, and we hope to serve our Hoosier MVG family soon enough.

EDIT: 11.29.16 - we are allowing hardware orders only for Indiana! 




1 Response

Dan
Dan

June 06, 2020

Has there been any updated or progress on getting the laws in Indiana changed so out of state vape manufacturers can sell e juice to Indiana residents? I’m tired of not being able to use my go to vendors because of this bs law.

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