Virginia Attorney General Jason S. Miyares and the state’s tax commissioner asked a federal court to dismiss a lawsuit challenging Virginia’s ban on unapproved e-cigarettes, arguing the plaintiffs lack standing because the products at issue are illegal under federal law.

In court filings, the state told the court that Novo Distro Inc. and Tobacco Hut and Vape Fairfax Inc. cannot claim injury or seek an injunction when the products they sell have not been approved by the U.S. Food and Drug Administration. Virginia argued that because the e-cigarettes are unlawful under the Federal Food, Drug, and Cosmetic Act (FDCA), the sellers have no legal basis to challenge the state restriction.

Virginia also stressed that neither the FDCA nor the Tobacco Control Act preempts the state’s power to regulate tobacco products. The state said the ban is applied uniformly to all sellers and is rooted in public health concerns, not favoritism toward any company.

The plaintiffs counter that the law disproportionately harms small businesses while benefiting large tobacco companies. Virginia responded that the statute merely requires FDA approval for all products and is not arbitrary, framing the requirement as a public-health-driven standard rather than a protection for larger firms.

This article was adapted from an original report published on tobaccoreporter.com. All rights belong to the original publisher.