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Federal Court Strikes Down Portion Of Indiana Vaping Law

e-liquid

Photo: Barbara Brosher

The regulations include strict requirements for manufacturers to contract with a security company.

A federal appeals court struck down portions of Indiana’s controversial e-cigarette regulations Monday. The ruling applies to out-of-state manufacturers.

7th Circuit Judge David Hamilton writes in the opinion that while portions of the law requiring child-proof packaging and clear labeling aren’t controversial, only one manufacturer in the entire country meets the strict security requirements included.

The legislation requires each e-liquid manufacturer to contract with a security company that meets a long list of stipulations. The opinion says Indiana’s law looks “very much like a legislative grant of a monopoly to one favored in-state company in the security business.”

The court says Indiana can apply those rules to manufacturers within the state, but it does not have the authority to regulate the processes and facilities of out-of-state manufacturers.

The vaping law has been embroiled in controversy since it went into effect last year. It sparked an FBI investigation into whether some lawmakers benefited from its passage.

Now some legislators are trying to pass a bill that would repeal many of the regulations.

7th Circuit Court of Appeals Vaping Ruling by Indiana Public Media News on Scribd

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