Synopsis
In 2024, Iowa enacted House File 2677 (H.F. 2677), a law prohibiting the manufacture and sale of electronic nicotine delivery systems (ENDS) in Iowa unless the products have received marketing authorization from the U.S. Food and Drug Administration or meet certain compliance criteria. A coalition of e-cigarette manufacturers, retailers, and consumers challenged the law, arguing it was preempted by federal law.
Why It Matters for Public Health
This litigation addresses the balance between state and federal authority to regulate tobacco and nicotine products. H.F. 2677 represents Iowa’s effort to restrict the sale of unauthorized ENDS products, with the ostensible aim of protecting public health by limiting access to potentially harmful or unregulated vaping products. The case highlights the tension between state initiatives to supplement federal enforcement (especially when federal resources are limited) and the need for national uniformity in tobacco regulation. The outcome may influence how states can act to protect youth and the public from unauthorized nicotine products, especially in the context of evolving federal enforcement priorities.
Background
The FDA regulates ENDS products under the Family Smoking Prevention and Tobacco Control Act. Federal law requires premarket authorization for these products, but unauthorized products remain widely available due to the FDA’s limited enforcement resources and case-by-case approach. In response, Iowa passed H.F. 2677, creating a directory of ENDS products that may be lawfully sold in the state. Manufacturers must certify compliance with federal requirements to be listed. The state law makes it illegal to sell ENDS products not included in the directory. Plaintiffs sued, alleging that H.F. 2677 was preempted by federal law and violated constitutional protections.
Proceedings
The plaintiffs filed suit and sought a preliminary injunction in December 2024. They filed an amended complaint and renewed their motion for a preliminary injunction in February 2025. The Iowa Department of Revenue then voluntarily stayed enforcement of H.F. 2677.
In May 2025, the district court granted the preliminary injunction, finding the plaintiffs likely to succeed on their preemption claim. Mary Mosiman, the Director of the Iowa Department of Revenue, appealed.
In July 2026, the Eighth Circuit held that, although the plaintiffs had standing, they were unlikely to succeed on the merits of their preemption claim. The court explained that “Iowans for Alternatives has not provided us with a convincing reason to assume Congress’s purpose would be frustrated by duplicative state enforcement—particularly because the FDA has repeatedly noted its limited enforcement resources.” It further stated that “although the FDA has implemented a discretionary ENDS enforcement scheme, it does not follow that Congress intended to allow violations of its own duly enacted laws,” and the court declined to interpret the Tobacco Control Act in a way that would negate its own stated purpose.
Litigation Status (OPEN)
The Eighth Circuit vacated the district court’s preliminary injunction against enforcement of H.F. 2677 on July 30, 2026, and remanded the case for further proceedings. The court found that H.F. 2677 is not preempted by federal law because it falls within the scope of state authority preserved by the Tobacco Control Act’s savings clause, and it does not create an obstacle to federal objectives. The litigation remains ongoing at the district court level.