Kentucky Court Upholds Law Restricting E-Cigarette Sales in 2024

Regulations by 2FIRSTS.ai
Jul.30.2024
Kentucky Court Upholds Law Restricting E-Cigarette Sales in 2024
Kentucky judge upholds law banning certain e-cigarette products, dismissing lawsuit challenging its constitutionality.

According to a report by Yahoo on July 29, Judge Thomas Wingate of the Franklin Circuit Court in Kentucky dismissed a lawsuit challenging the constitutionality of a law banning the sale of certain e-cigarette products in 2024.

 

Wingate chose to stand on the side of the defendants in the lawsuit, namely Allyson Taylor, the Director of the Kentucky Alcoholic Beverage Control Board, and Secretary of State Michael Adams, who filed a motion to dismiss the case.

 

Greg Troutman, a lawyer representing e-cigarette retailers, believes that this law is too broad and arbitrary to pass constitutional scrutiny, as it is titled the "Nicotine Products Act" but also includes "other substances." According to the state constitution, a law cannot address multiple subjects at once.

 

Wingate stated in his opinion that the law did not violate the state constitution. Wingate wrote that the title of the law "provides a clue to its contents and gives a general overview of its content.

 

He further wrote that the way "other substances" are mentioned in the law does not go beyond the context of the act, but logically indicates what is unauthorized.

 

The lawsuit revolves around the 11th House Bill that was passed during the 2024 legislative session and went into effect on January 1. Supporters of the bill argue that restricting the sale of e-cigarettes to "authorized products" or those that have obtained a "safe harbor certification" from the US FDA can reduce underage use of e-cigarettes.

 

Opponents of the bill argue that it will harm small businesses, lead to monopolies by large retailers, and potentially result in teenagers turning to traditional cigarettes.

 

According to records from the Legislative Ethics Commission, tobacco giant Altria has lobbied for a bill in Kentucky, and is also pushing similar legislation in other states. Altria is aggressively entering the e-cigarette market, selling a variety of e-cigarette products that have been approved by the FDA.

 

Wenget wrote in his opinion published on Monday that

 

The sale of nicotine and vaping products is highly regulated in every state, with legislative bodies deciding to only allow the sale of e-cigarette products approved by the FDA or granted safe harbor certification. The courts will not question the specific reasons for these decisions made by the legislative bodies, as the regulation of these products directly relates to the health and safety of the state's residents, a power granted to the legislative bodies by the Kentucky state constitution.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

KT&G’s Lil Strengthens Market Lead in Korea as Heated Tobacco Share Reaches 47.4%
KT&G’s Lil Strengthens Market Lead in Korea as Heated Tobacco Share Reaches 47.4%
According to South Korea’s UpKorea, KT&G’s heated tobacco brand Lil reached a 47.4% share of Korea’s heated tobacco stick market in the first quarter of 2026. The company is expanding its next-generation products (NGP) business through product development, technology investment and overseas growth. KT&G reported NGP sales of 890.1 billion won (approximately US$650 million) in 2025, up significantly from 279.3 billion won in 2020. Lil products are now available in 34 markets, while KT&G continues building its technology portfolio through patents and multiple product platforms.
Jul.23
Malaysia Police Plan Saliva Tests at Roadblocks to Detect Synthetic Drugs Mixed Into Vape Liquids
Malaysia Police Plan Saliva Tests at Roadblocks to Detect Synthetic Drugs Mixed Into Vape Liquids
Malaysian police plan to use saliva test kits at roadblocks to detect drivers using synthetic liquid drugs marketed as “Piu Piu” and “Magic Mushroom,” substances that authorities say are mixed into vape liquids and inhaled through e-cigarette devices, raising road-safety concerns and adding pressure on vape regulation.
Jun.29
InterTabac 2026: First conference program highlights now available online
InterTabac 2026: First conference program highlights now available online
With three months to go before the international tobacco and nicotine industry gathers again in Dortmund, InterTabac, together with NUBIZ and InterSupply, is set to bring around 800 exhibitors from across the globe to eleven exhibition halls. The three events will showcase innovation, market trends and industry networking, while the first conference program highlights are now online, offering trade visitors keynotes, panel discussions and masterclasses to support business decision-making.
Events
Jun.22
Kaival Brands Explores Nicotine Pouches as Smaller Nicotine Companies Seek Smoke-Free Growth
Kaival Brands Explores Nicotine Pouches as Smaller Nicotine Companies Seek Smoke-Free Growth
U.S. nicotine company Kaival Brands Innovations Group is exploring opportunities in nicotine pouches and other modern nicotine products, reflecting a broader shift among smaller nicotine businesses beyond traditional vaping products.
Jul.17
Tobacco Companies Are Redesigning Nicotine Products. BAT Wins Three Red Dot Awards
Tobacco Companies Are Redesigning Nicotine Products. BAT Wins Three Red Dot Awards
According to BAT and the Red Dot Design Award website, BAT’s glo Hilo Plus, Vuse Pro One Box and Vuse Ultra x McLaren F1 Team Limited Edition received Red Dot recognition in the Product Design 2026 competition.BAT said the awards reflect not only the design quality of the individual products but also the development of design as a core internal capability across industrial design, user experience and sustainability. Red Dot’s product pages describe glo Hilo Plus as a two-part tobacco heater with a pen and charging case, plus a touch-sensitive AMOLED display. Vuse Pro One Box is described as a rechargeable e-cigarette with replaceable pods, USB-C charging and a switchable VapourBoost mode. Vuse Ultra x McLaren F1 Team Limited Edition brings motorsport-inspired design elements into a compact e-cigarette device and includes exchangeable batteries.
Jul.17
Australia Quantifies Black Market for First Time, Illicit Nicotine Products Account for About 80% of Consumption
Australia Quantifies Black Market for First Time, Illicit Nicotine Products Account for About 80% of Consumption
The Australian Bureau of Statistics (ABS) has released its first estimate of the illicit nicotine market, finding that about 80% of cigarettes, vapes and other nicotine products consumed in 2025 came from illegal sources, reigniting debate over tobacco taxation and enforcement policies.
Jun.03