NORFOLK, Va. — A federal judge has blocked key parts of Virginia's new vape law while courts review its constitutionality, leaving small businesses in uncertainty about their future operations.
In December 2025, Federal Judge David J. Novak issued a preliminary injunction blocking enforcement of the law's penalties while the case continues in court. Novak said parts of Virginia's vape law could conflict with federal rules and cause significant economic harm to small businesses.
The ruling means shops can continue selling their current products without risk of fines.
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During a visit today, shelves in Norfolk vape shops were fully stocked, and business appeared to be operating normally.
The partial owner of Vape Lounge in Norfolk said if the ban goes into effect, he would lose everything. The entire shop is nicotine-based, and depending on what brands are on the list, he would have to take lots of products off the wall.
Another employee of a vape shop in the same area said they were preparing to take things off shelves earlier in December, but since the pause, they have continued business as usual.
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The legal fight isn't over. The case now moves through federal courts, and the law could eventually take effect depending on the outcome. For small vape shops, that uncertainty continues to hang over the business.
Passed in 2024, Virginia's new law required all e-cigarettes and vape products to be registered with the state by December 1, 2025. Products not on the state registry could have faced fines of up to $1,000 a day, or even criminal penalties for retailers.
The law also mirrors FDA rules, allowing only products with federal approval to be sold. The list favors large manufacturers, like Juul and NJOY, while pushing smaller brands out of the picture.
For now, Virginia's vape market remains in limbo, with businesses open but unsure what the future holds.
