FDA Enforcement Discretion at the Center of the Dispute
Nova Distro and Tobacco Hut contend that the FDA has deliberately chosen not to prohibit the sale of many vape products still under review, recognizing that such products may help adult smokers transition away from cigarettes. They argue Virginia’s law improperly overrides that federal policy choice.
“Accordingly, the FDA has continually exercised its discretion not to take regulatory or enforcement action with respect to small tobacco vapes,” the complaint said.
Legal Representation and Case Information
Nova Distro Inc. and Tobacco Hut and Vape Fairfax Inc. are represented by Stewart R. Pollock, Samantha R. Romano, Rebecca A. Roberts, and Eric G. Reeves of Moran Reeves & Conn PC.
Counsel information for the Commonwealth of Virginia was not immediately available.
The case is NOVA Distro Inc. et al. v. Virginia Attorney General Jason Miyares et al., Case No. 3:25-cv-00857, in the U.S. District Court for the Eastern District of Virginia.
