A Kentucky judge on Monday dismissed a lawsuit challenging the constitutionality of the state’s anti-vaping law.
Franklin Circuit Judge Thomas Wingate upheld a measure passed by Kentucky lawmakers to restrict the sale of vaping products, not granted authorization by the Food and Drug Administration (FDA). The Kentucky General Assembly passed House Bill 11 earlier this year.
“The sale of nicotine and vapor products are highly regulated in every state, and the court will not question the specific reasons for the general assembly’s decision to regulate and limit the sale of nicotine and vapor products to only products approved by the FDA or granted a safe-harbor certification by the FDA,” the judge said.
Opponents of the law presented multiple arguments challenging its constitutionality; however, the Franklin Circuit Court “entirely agrees” with the state’s legal position. According to court documents, opponents say this will hurt small businesses, specifically retailers that sell vapor products.
The petitioners alleged that the bill “interferes with their livelihood because come Jan. 1, 2025, they will be unable to sell ‘vapable hemp-derived products’ as they are not ‘authorized vapor products’ under House Bill 11,” according to court documents.
The bill was sponsored by Rep. Rebecca Raymer (R-Morgantown), who said that “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.”
Earlier this month Gov. Roy Cooper (D-North Carolina) signed into law a bill that will administer a new regulatory system for the certification of vaping products in the Tar Heel State.
Beginning May 1, 2025, only consumable products and vapor products listed on the registry published by the North Carolina Department of Revenue will be authorized for sale in North Carolina, with a 60-day grace period for compliance.
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