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

Philippines Draft Order Would Bring Nicotine Pouches Under PS Licensing Scheme
Philippines Draft Order Would Bring Nicotine Pouches Under PS Licensing Scheme
The Philippine Department of Trade and Industry is planning to impose mandatory product certification on nicotine pouches in an effort to curb illicit nicotine product trade.
Apr.13 by 2FIRSTS.ai
Russia May Allow Regions to Introduce Experimental Vape Sales Bans
Russia May Allow Regions to Introduce Experimental Vape Sales Bans
Russia’s government commission on legislative activity has approved second-reading amendments to a bill on licensing trade in tobacco and nicotine-containing products that would allow Russian regions to introduce experimental bans on vape sales.
Mar.31 by 2FIRSTS.ai
Vape Club: Over 1.3 Million Illegal E-Cigarettes Seized in UK by 2025, Worth £10 Million on Streets
Vape Club: Over 1.3 Million Illegal E-Cigarettes Seized in UK by 2025, Worth £10 Million on Streets
Vape Club report reveals 1.3 million illegal e-cigarettes seized in UK by 2025, worth £10 million on the streets.
Mar.12 by 2FIRSTS.ai
SICPA Secures Five-Year UK Vape Tax Stamp Contract
SICPA Secures Five-Year UK Vape Tax Stamp Contract
HM Revenue and Customs (HMRC) has awarded a five-year contract to Swiss technology company SICPA and Cartor Security Printers to implement the United Kingdom’s new vaping duty stamp and track-and-trace system, beginning in April 2026.
Market
Feb.24
NACS Urges USTR to Address Illegal E-Cigarette Exports in China Trade Engagements
NACS Urges USTR to Address Illegal E-Cigarette Exports in China Trade Engagements
NACS submitted a comment letter to USTR in a proceeding examining unfair trade practices worldwide. The letter focuses on illicit nicotine products made in China and shipped to the United States in violation of U.S. law. NACS said the U.S. electronic nicotine delivery systems market has become dominated by illicit products, mainly disposable e-cigarettes manufactured in China and sold without the marketing authorization required by the U.S. Food and Drug Administration.
Apr.16 by 2FIRSTS.ai
Nebraska weighs child-safety lock requirement for vapes sold in the state
Nebraska weighs child-safety lock requirement for vapes sold in the state
Nebraska lawmakers heard testimony on LB1254, which would require electronic smoking devices sold in the state to include built-in child safety features. Violations would be a Class IV misdemeanor carrying a fine of up to $500. Supporters argued young children can easily activate unprotected devices by inhaling, risking exposure to nicotine and other toxic chemicals, and said safeguards should mirror child-resistant measures used for medications and other household products.
Feb.28 by 2FIRSTS.ai