Indiana Vape Law Upheld, but Legal Battle Not Yet Over
New state regulations on e-liquids for vaping are now in effect -- for all but one company.
Federal Judge Sarah Evans Barker rejected a challenge to the law from Indiana vape shops who contend it would be financially burdensome. The law requires safety measures for e-liquid manufacturers, including childproof caps, tamper-evident packaging, and a "clean room" with security measures for the actual manufacturing process.
A Marion County judge had previously thrown out a similar suit. But a third challenge before another federal judge is still alive. Judge Richard Young granted Florida-based GoodCat a two-week restraining order allowing it to continue selling e-liquids in Indiana under a temporary permit. That lawsuit contends the law discriminates against out-of-state manufacturers, because it requires the use of an outside security company to oversee the manufacturing room -- and a single Indiana company, which turned down GoodCat, is the only firm which meets all the law's requirements.
GoodCat says it hired a Florida firm but had its permit request turned down by Indiana's Alcohol and Tobacco Commission anyway.
Young is still reviewing GoodCat's request to block the law beyond that window.