Alabama Registry Rule Benefits Business

Originally published in Nicotine Insider

A court-approved agreement brings welcome certainty for retailers selling vapor and nicotine-pouch products in Alabama—confirming that companies with a standard tobacco license may continue selling FDA-authorized products, products with timely filed, pending applications, and products with denial orders that have been stayed, rescinded, or vacated.

In Home Oil Co. v. Spencer, filed in the Circuit Court of Montgomery County, Alabama, the parties—convenience store owners and state agencies charged with regulating vaping products—submitted a joint motion and proposed order, now entered by the court, affirming that Alabama law does not prohibit licensed tobacco retailers from continuing to sell vaping and nicotine-pouch products that are:

• Authorized by the U.S. Food and Drug Administration,
• Subject to an FDA marketing denial order that has been stayed, rescinded, or vacated, or
• The subject of a timely filed marketing application under FDA review.

This resolves a coordinated challenge to Alabama House Bill 8 (H.B. 8), passed at the end of the state’s 2025 legislative session. The new law raised uncertainty over whether retailers holding traditional tobacco permits would be (1) barred from offering certain vaping products without obtaining a specialty retailer license, and (2) prohibited from selling vaping and nicotine-pouch products that were manufactured in any part overseas unless they had formal marketing authorization from FDA.

This agreement also ends Petroleum & Convenience Marketers of Alabama v. Spencer, a related federal lawsuit also filed to protect retailers from disruption.

What Does the Agreement Do?

The agreement does not suspend or block enforcement of the law. Instead, it reflects a shared understanding between the State and industry that Alabama Code Sections 28-11-7.1(c) and 28-11-17.2(b)—which were created by H.B. 8—permit continued sales of many vapor and nicotine-pouch products by standard tobacco permit holders, provided those products are listed on Alabama’s ENDS Directory (Electronic Nicotine Delivery System). 

Put simply: if your business has a regular tobacco license and is selling a product that’s lawful under current FDA enforcement policy, and listed on Alabama’s ENDS Directory, Alabama law does not prevent you from continuing to do so. 

Products can be searched on Alabama’s ENDS Directory here.

Why It Matters for Regulated Businesses

This clarification is a significant win for businesses navigating the overlapping patchwork of state and federal regulation in the vaping and nicotine-pouch space. Without it, retailers risked supply chain disruptions, product removals, and compliance costs tied to an overly narrow interpretation of the new statute.

By securing this shared interpretation in a court order, businesses now have the certainty they need to continue operating in line with FDA pathways—without fear of inconsistent enforcement.

A Note of Caution: Marketing Still Matters

While the agreement confirms sales are permitted, the State continues to regulate product labeling and marketing, especially when it comes to protecting minors. Retailers should remain vigilant in avoiding:

• Youth-oriented packaging or branding (e.g., candy or cartoon imagery),
• In-store displays that appeal to underage customers,
• Misleading health claims or unauthorized promotional statements, and
• Products not listed in Alabama’s ENDS Directory.

The FDA and the Alabama Alcoholic Beverage Control Board also prioritize enforcement against ENDS products marketed to minors, and Alabama retains full authority to do the same.

Retailers who want to sell products that have FDA authorization, but which are not currently listed on Alabama’s ENDS Directory, should contact the manufacturer that can get their products listed.

Bottom Line for Retailers and Suppliers

This is a meaningful step forward for businesses selling regulated consumer products in Alabama. It confirms that the pathway to market for FDA-compliant vaping and nicotine-pouch products remains open for mainstream retailers—and reaffirms that working through federal regulatory channels provides a stable foundation for lawful sales.

But it also reinforces that compliance is twofold: follow the FDA’s rules, and steer clear of any state-level risks tied to youth access or misleading marketing.