Goodcat, LLC, has been granted a preliminary injunction in its lawsuit against the state, allowing them to sell e-liquid in Indiana, despite the infamous vapor law that granted licenses to just six companies to sell in the state.
According to IndyPolitics.org, US District Court Judge Richard Young ruled that Goodcat had a good chance of winning based on its claim that the law violates the dormant Commerce Clause of the Constitution.
Goodcat is a Florida company that produces e-liquid sold mainly in convenience stores. They sued the state in June, claiming that the law discriminates against out of state manufacturers, and that federal law preempts the state law.
The judge granted the injunction based on the likelihood that Goodcat would prove its assertion that the law discriminates against interstate commerce. However, he ruled against the company’s preemption challenge. Judge Young ordered the state to issue Goodcat a permit to sell in Indiana until the case is decided.
Indiana Attorney General Greg Zoeller, who is defending the law, maintains that the law is a good one. According to the Indianapolis Star, he said, “From a public health standpoint, we maintain that Indiana should maintain the ability to regulate these chemicals and devices within its borders.”