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E-cigarette sellers fight back against new law

Posted at 7:29 PM, May 31, 2016
and last updated 2016-05-31 19:29:49-04

INDIANAPOLIS -- The owners of some local stores that sell e-cigarettes, and the liquids in them, are concerned they might have to close their doors.

They're fighting to prevent a new law from taking effect on July 1 – one they say creates unreasonable regulations.

Under the law, the people who make e-liquids will be required to put into place certain security measures, like video cameras. But some manufacturers argue the guidelines for that security are so specific they can only hire one firm to install them.

That's why they've filed a lawsuit against the state in the last several months.

Don Fall, owner of Don's Vapor in Broad Ripple, says sales of e-liquids account for more than two-thirds of his revenue. But Fall says he's concerned he'll have fewer options to offer his customers on July 1.

"It will definitely narrow the choices, and one think that I know from doing this for four years is customers want choices," Fall said.

Fall buys his e-liquids from local manufacturer Evan McMahon. McMahon claims new regulations from the state will put him and others out of business. He's filed a lawsuit on behalf of them.

"The concern that we have, and hope to continue with the legislature, is they've pigeonholed us into standards that don't apply," Fall said.

The law will require manufacturer's to contract with a security firm to install a video surveillance system, and take other steps to insure safety.

McMahon claims only one company in Indiana meets the requirements. And, he says, it will either force him out of business, or out of the state.

"E-liquid manufacturing is really the heart and soul of this industry, and it's being taken away," McMahon said.

The two sponsors of the law could not be reached for comment. A representative for Mulhaupt's Inc. in Lafayette, the single company claimed by McMahon to meet the state's requirement, said the company had no comment.