Kentucky’s law restricting the sale of vapor products
FRANKFORT, Ky. (July 30, 2024) – Attorney General Russell Coleman, Secretary of State Michael G. Adams and Commissioner of Alcoholic Beverage Control Allyson Taylor announced today that the Franklin Circuit Court ruled in favor of Kentucky’s law restricting the sale of vapor products. Earlier this year, the General Assembly passed HB 11, which limits the sale of vapor products to those that contain nicotine and have FDA approval.
Opponents of the law presented multiple arguments challenging its constitutionality; however, the Franklin Circuit Court “entirely agrees” with the Commonwealth’s legal position. In its order, the Court recognized the General Assembly’s lawful ability to promote the health and safety of Kentuckians through the regulation of these products.
“Our General Assembly is empowered to make laws protecting Kentuckians’ health and charting our course for a bright future. This ruling once again underscores that reality,” said Attorney General Russell Coleman. “I’m grateful for the collaboration with Secretary Adams and Commissioner Taylor to uphold this statute.”
“The General Assembly acted to protect Kentuckians from ingesting dubious and potentially dangerous chemicals, and I’m grateful to Attorney General Russell Coleman’s team for their strong and successful advocacy in court in defense of our laws,” said Secretary of State Michael G. Adams.
"The Department of Alcoholic Beverage Control appreicated the clarity gained from the Courts that this law is constitutional. ABC will continue with its implementation efforts and will be prepared to enforce the law when it takes effect in January," said Allyson Taylor, Commissioner Alcoholic Beverage Control.
In 2024, the General Assembly passed HB 11, sponsored by Representative Rebecca Raymer (R-Morgantown).
“I’m pleased to see the Court rule in favor of our efforts to ensure the health and safety of Kentuckians. As a lawmaker, mother and health care provider, I believe we owe it to the people of this state, particularly our children, to ensure that the products they are using are safe,” said Representative Rebecca Raymer. “If a product can’t get authorized or doesn’t fall under the FDA’s safe harbor rules, we don’t know if the ingredients are safe, where they’re from, or what impact they will have on a user’s health. I appreciate Attorney General Coleman’s efforts to defend this law, as well as my local school officials for brining this situation to me in the first place.”
Assistant Attorney General Lindsey Keiser argued the case before the Franklin Circuit Court on behalf of the Commonwealth. With her on the brief was Aaron J. Silletto, Executive Director of the Attorney General’s Office of Civil and Environmental Law.
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