Marion County Judge Declines To Throw Out State's E-cigarette Regulations

Jun 3, 2016

Some e-cig purveyors claim the state's new rules will put them out of business or force them to move to other states.
Credit Barbara Brosher / Indiana Public Broadcasting

A Marion County judge Thursday rejected a request Thursday to halt Indiana’s new e-liquid regulations that are set to take effect next month. 

The trade group Hoosier Vapers filed a lawsuit last year challenging new rules that dictate how liquids for e-cigarettes can be manufactured in Indiana.

Hoosier Vapers says the law is unconstitutional and the state is overstepping its regulatory authority.

As part of its lawsuit, the group asked for a preliminary injunction that would stop the regulations from going into effect July 1. The judge ruled against them. 

Hoosier Vapers Chairman Evan McMahon says that means some Indiana vape shops will go out of business.

"I myself, my company will be moving to Illinois, McMahon says. "And as somebody who has the [Indiana] state flag tattooed on his arm, it’s really tragic that I have to move my company to Illinois."

McMahon says Hoosier Vapers is considering an appeal.

Indiana Attorney General Greg Zoeller says he will continue to defend the law if that happens.