Synopsis

In 2024, North Carolina passed H.B. 900 into law, which created an e-cigarette registry. The district court denied the plaintiff’s request to enjoin the law on the grounds that it is preempted, and the Fourth Circuit affirmed.

Why It Matters for Public Health

This litigation addresses the balance between state and federal authority to regulate tobacco and nicotine products. H.B. 900 represents North Carolina’s effort to restrict the sale of unauthorized e-cigarette 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 e-cigarette 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. In response, North Carolina passed H.B. 900, creating a directory of e-cigarette products that may be lawfully sold in the state. The state law makes it illegal to sell e-cigarette products not included in the directory. Plaintiffs sued, alleging that H.B. 900 was preempted by federal law.

Proceedings

The plaintiffs filed their lawsuit in the U.S. District Court for the Eastern District of North Carolina on April 30, 2025, a day before the directory was to go public. The plaintiffs argued that the Tobacco Control Act impliedly preempts H.B. 900, and that it violates the Equal Protection Clause of the Fourteenth Amendment by discriminating against similarly situated e-cigarette manufacturers, retailers, and consumers.

On May 16, 2025, the plaintiffs moved for a preliminary injunction to stop the state from enforcing H.B. 900. The plaintiffs only mentioned their preemption argument in their request for an injunction, and not their equal protection claim.

The district court denied the plaintiffs’ motion on June 27, 2025. The court reasoned that the Tobacco Control Act has a savings clause that specifically allows for state and local laws that regulate the sale of tobacco products. In addition, rather than deputizing itself to enforce federal law, the court found that North Carolina was merely determining which e-cigarette products can be sold within its borders.

The plaintiffs appealed to the Fourth Circuit. On July 30, 2026, the Fourth Circuit affirmed the district court. It found that H.B. 900 fit comfortably within the Tobacco Control Act’s savings clause. It also found that North Carolina’s law did not amount to enforcing federal law and that the state law does not frustrate federal objectives; thus, it is not preempted.

Litigation Status (OPEN)

The Fourth Circuit affirmed the district court’s denial of the plaintiffs’ request for a preliminary injunction. The plaintiffs may appeal to the Supreme Court.