We need your support to fight the PMTA Registry in NC!
What’s happening?
NC Bill H900, a bill containing legislation sometimes referred to as a “PMTA Registry” bill, has been made law. H900 allows the state to enforce the FDA’s PMTA regulations, effectively making all but a select few vape products illegal in North Carolina.
Enforcement of this bill will have a disastrous impact on the industry and the people it serves, putting independent vape shops out of business, hundreds of workers out of their jobs, and thousands of people at risk of returning to smoking.
How is Kure fighting?
Kure CBD & Vape engaged Eric Heyer, partner with Thompson Hine, to pursue litigation in North Carolina. A lawsuit was filed on April 30, 2025 in the U.S. District Court for the Eastern District of North Carolina. Eric is legal counsel for multiple vape companies with pending litigation against FDA and he is undoubtedly an expert in our industry. The Vapor Technology Association (“VTA”) is also a named plaintiff in the litigation.
The lawsuit alleges that the NC PMTA Registry law violates the supremacy clause of the Constitution by standing as an obstacle to the Food, Drug, and Cosmetic Act (“FDCA”), which vests only the FDA with its enforcement, and violates the equal protection clause of the 14th Amendment by treating tobacco-based and non-tobacco-based electronic cigarettes differently.
As a member of Iowans for Alternatives to Smoking & Tobacco (IFAST), Kure engaged Eric to file suit in Iowa to fight the PMTA registry that became effective earlier this year. Kure has spent considerable resources on the Iowa suit in anticipation of litigation in NC. The lawsuit is filed in federal court, and many of the constitutional arguments are applicable to the NC PMTA Registry legislation.
On Friday, May 3, 2025 we received the order from the Iowa judge GRANTING our preliminary injunction. This will set persuasive precedent that will be considered in our NC litigation. The Court has concluded that the Iowa PMTA registry bill impermissibly intrudes upon the federal government’s exclusive authority to enforce the Food, Drug, and Cosmetic Act. Because of that, we now have an 8th Circuit opinion stating that our lawsuit has a likelihood of success on its merits.
How can you help?
We’re fighting as hard as we can to fight this legislation and protect your access to the vape products you love, but we need your help to make sure we succeed!
The cost of litigation in NC is anticipated to be $300,000. We need help to raise the necessary funds! All Kure CBD & Vape locations are accepting donations which directly support our legal efforts. Every cent donated is a cent spent to protect your freedom to purchase the vape products you depend on.
If you’d like to make a donation without visiting a store, you can do one of the following:
- Pay online via credit or debit card by clicking here.
- ACH/wire funds to AMV Holdings, LLC (Kure CBD & Vape) using the following information:
Bank Truist Bank Address 110 South Stratford Rd, Winston Salem, NC 27104
ABA/Routing 053101121 Swift Code (intl. wires) BRBTUS33 Client Name AMV HOLDINGS LLC Client Address 130 Oakpark Drive Suite B, Mooresville, NC 28115
Client Account # 1340026752085 Client Account Type Checking - Mail a check to AMV Holdings, LLC at 130 Oakpark Drive, Suite B, Mooresville, NC 28115
- Make a direct payment to law firm: Thompson Hine LLP CARD & ACH
Additional Information
- Article: Nicotine e-cigarettes: considerations for healthcare providers
- Article: E-Cigarettes, Vapes, and Other ENDS
