WI Begins Enforcement of Illegal Vape Law

The State of Wisconsin has stepped up enforcement of its 2023 vape law by handing down fines of nearly $13 million to two retailers for selling products not on the state directory list. 

Wisconsin Act 73, which was signed into law in 2023 and took effect in September, requires all electronic vaping products sold in the state to be listed on the Department of Revenue's (DOR) directory, essentially banning products without FDA approval. 

According to a report by the Milwaukee Journal Sentinel, the Department of Revenue (DOR) did not issue fines or seize illegal products in the initial weeks after the law went into effect on September 1, so retailers could have time to comply. However, DPR Spokesperson Jennifer Bacon said the department is now following enforcement procedures. 

In addition to the fines, the DOR also gave 42 orders to remove illegal products to other stores and conducted 27 seizures, two of which involved retailers selling without a municipal license, according to the news report. 

Wisconsin’s enforcement action comes as the Trump Administration cracks down on illegal vapes and the shops that sell them. “Americans – especially our children – should not be using potentially dangerous, addicting products that have been snuck into the U.S. If a product has not been authorized by the FDA, CBP will seize, detain or destroy it” said FDA Commissioner Marty Makary, M.D., M.P.H. following a widespread operation in September that seized unauthorized e-cigarette products with an estimated retail value of $86.5 million  

In total this year, the U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP) have stopped more than 6 million unauthorized e-cigarettes worth over $120 million from entering the country (as of September 10, 2026).