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Judge rules against illegal Indiana vaping laws amid statewide vape shops revolt

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When the Indiana vaping laws were first announced in May 2015, owners of vape shops around the state immediately took notice. According to the new legislation, all manufacturers of e-liquids were now required to follow very strict guidelines relating to the security their products. With a single swipe of Governor Mike Pence’s pen, House Bill 1432 now required all retailers to hire a security firm with at least one locksmith in its employ with the following qualifications:

  • Certification by the Associated Locksmiths of America.
  • Certification by the Architectural Hardware Consultant
  • Certification by the Door and Hardware Institute
  • Certification as a Rolling Steel Fire Door Technician from either the International Door Association or the Institute of Door Dealer Education and Accreditation
  • One-year minimum experience in security monitoring station operation and ownership controls.
  • One-year minimum experience in modification of commercial hollow metal doors, frames, and interconnected lighting mechanisms

As the July 1, 2016 deadline for compliance with the new Indiana vaping laws quickly approached, the over 300 statewide vape shops quickly began to realize that locating a security firm with all of these outrageous qualifications was nearly impossible. Why does an e-liquid producer need certification in hollow metal door frames and lighting systems anyway? It didn’t take long before it was soon discovered that only one security firm in the entire state of Indiana fit the bill, a company named Mulhaupt’s of Lafayette.

Judge Richard Young rules against Indiana vaping laws

A lawsuit was immediately filed by a Florida-based manufacturer named GoodCat LLC, and on August 19, Judge Richard Young of the U.S. District Court for the Southern District of Indiana ruled in favor of the plaintiffs. According to the written ruling, Judge Young believes that the Indiana vaping laws border on unconstitutional by placing unfair burdens on interstate commerce for GoodCat LLC. While the Judge’s decision is largely viewed as a big win for the Indiana vaping industry, the ruling is specific to only the one Florida retailer. An FBI investigation into the matter is pending.

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