MONTGOMERY, Ala. — A federal court agreement between Alabama’s Alcoholic Beverage Control Board and convenience store representatives has led to changes in the enforcement of the state’s new vape law, House Bill 8.
Signed into law in May 2025, HB8 significantly restricted vape product sales at convenience stores, limiting them to only 34 FDA-approved tobacco and menthol-flavored e-cigarette products and banning other flavored vape products unless sold at specialty stores with higher licensing requirements.
The recent court agreement allows convenience stores with state-issued tobacco permits to continue selling e-cigarettes and vape products that appear on both the FDA’s pending approval list and Alabama’s Electronic Nicotine Delivery System (ENDS) directory. This move comes after the Petroleum & Convenience Marketers of Alabama filed suit challenging provisions of HB8 as preempted by federal law.
The lawsuit argued two major points: that limiting vape sales to specialty retailers infringed on federal authority over FDA approvals, and that prohibiting sales of nicotine products with foreign-made components unless FDA-authorized is unconstitutional. The current agreement effectively halts enforcement of these provisions against convenience stores while the legal process proceeds.
The court’s action preserves the ability of convenience stores to sell many vape products they had been legally offering since 2022, protecting a substantial revenue stream for these businesses amid concerns about youth vaping and public health.
The legal battle continues over remaining sections of the law set to take effect later this year, including stricter rules on product manufacturing and labeling. Meanwhile, the state continues efforts to balance public health priorities with the interests of retailers and consumers in the rapidly evolving vape market.