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

Reuters: More “Made in America” Vape Products Appear in the U.S. Amid Trump Tariffs and Crackdown
Reuters: More “Made in America” Vape Products Appear in the U.S. Amid Trump Tariffs and Crackdown
According to Reuters, the U.S. vaping market has recently seen an increase in products marketed as “Made in America” amid the Trump administration’s stronger enforcement against unauthorized vape brands and increased trade tariff pressure on Chinese goods. Since October 2025, at least eight new vape brands highlighting American credentials have entered the U.S. market, and none of them has authorization for sale. Brands mentioned by Reuters include Maxus Star and OneTank.
Apr.08
JTI Invests EUR 300 Million in New Factory in Romania to Advance Its Localized Expansion
JTI Invests EUR 300 Million in New Factory in Romania to Advance Its Localized Expansion
After being present in Romania for more than 30 years, Japan Tobacco International (JTI) announced that it will invest approximately EUR 300 million (about USD 324 million) to build a green, state-of-the-art new factory in Ilfov County, Romania, reinforcing its long-term commitment to the country.
Mar.31 by 2FIRSTS.ai
Exclusive|Logistics Operators Warn of Possible New U.S. Border Crackdown on Illicit Vapes
Exclusive|Logistics Operators Warn of Possible New U.S. Border Crackdown on Illicit Vapes
Recent inspections and cargo disruption have led some logistics operators in the China-U.S. vape trade to see early signs of another U.S. border crackdown on illicit e-cigarettes. With late April to early May viewed as a key risk window, the market is watching closely. The bigger question is not only whether enforcement will tighten, but whether it can be sustained.
Special Report
Apr.09
German Environment Minister Plans Bill to Ban Disposable E-Cigarettes This Year
German Environment Minister Plans Bill to Ban Disposable E-Cigarettes This Year
German Federal Environment Minister Carsten Schneider said he is preparing legislation to ban disposable e-cigarettes and will present a bill this year. Industry data estimated that legal e-cigarette sales in Germany rose by about one quarter in 2025 to €2.4 billion. Refillable devices are not expected to be affected by the ban.
May.09 by 2FIRSTS.ai
 China’s E-Cigarette Exports Reached About USD 903 Million in March 2026, Up 4.4% Year on Year
China’s E-Cigarette Exports Reached About USD 903 Million in March 2026, Up 4.4% Year on Year
According to the latest country-level data released by China’s General Administration of Customs, China’s e-cigarette-related exports totaled about USD 903 million in March 2026, up about 4.4% from roughly USD 865 million a year earlier. The United States, the United Kingdom and Germany remained the top three destinations, while the top 10 markets together accounted for about 72.2% of total exports.
Apr.21 by 2FIRSTS.ai
KT&G to Cancel All 10.87 Million Treasury Shares on April 23
KT&G to Cancel All 10.87 Million Treasury Shares on April 23
KT&G disclosed on April 16 that it will cancel all 10.87 million treasury shares it currently holds, with the planned cancellation amounting to about KRW 1.85 trillion,(USD 1.26 billion). The cancellation date is scheduled for April 23.
Apr.17 by 2FIRSTS.ai