The Shelves of Many Wisconsin Vape Shops are Empty After New Law

Wisconsin recently passed a law into effect that has curbed, if not crippled, many vape shops across the Wisconsin area. Folks who walk into any given tobacco outlet or "head shop," as they're colloquial known, are liable to see empty shelves that used to house disposable and rechargeable vapes, vape liquid, and various other related products.

The new law in Wisconsin requires the state Department of Revenue to fine sellers of vaping devices that do not have Food and Drug Administration (FDA) authorization. If you're a current or former vaper (like myself), you probably know that designation eliminates a litany of products.

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Per WKOW-TV, WiscoFAST, a trade organization in Wisconsin, filed a lawsuit against the Department of Revenue, arguing that the new law "unfairly encroaches on the FDA's role" in regulating vaping products.

President of WiscoFAST Tyler Hall claimed that since the law went into effect last week, most shops have seen sales decline 90% or more. At that point, forget about covering costs. You can't pay your workers. You can't pay rent. You can't exist, let alone compete.

WKOW-TV also caught up with Kayla Arthur, who works at M of N Vapors in Sun Prairie, a shop her father opened 10 years ago. Since this wide-scale ban took effect, the shop has been unable to operate at a sustainable pace.

On September 8th, 2025, WiscoFAST's lawsuit failed to curb the law, but an appeal has since been filed. Since the law took effect, retailers are now limited to 39 products that are approved by the FDA. Stores that sell items that are not approved could face a fine of $1,000/day per product, per WPR.

Think about this too: vape shops are now forced to take a loss on inventory they currently have. Whatever items they have in their store that aren't approved by the FDA cannot legally be sold without the aforementioned heavy fine. That inventory, at least in the immediate future, is an abject loss.

For now, all vape shops can do is sit and wait and see if an appeal would bring about changes to Wisconsin's new law. Read more about this critical new Wisconsin vaping law on WKOW-TV's website.