According to a report by Lexingtonky on April 24th, four e-cigarette shops in Kentucky, the Kentucky Association of E-Cigarette Retailers, and the Kentucky Cannabis Association have filed a lawsuit in Franklin Circuit Court, seeking to overturn a state law that prohibits the sale of products other than those approved by the FDA.
Greg Troutman, a lawyer for the Kentucky Smoke-Free Association, said, "We hope to have a resolution before the law takes effect on January 1, 2023."
The lawsuit was filed last Friday (the 19th), with e-cigarette retailers arguing that the definition of "e-cigarette products" and "other substances" in House Bill 11 conflates e-cigarettes, cannabis e-cigarettes, and cannabis products, making it overly broad and arbitrary, failing to meet the requirements of the state constitution. Troutman also argues that it requires retailers to comply with regulatory procedures that do not exist for cannabis and other non-nicotine products, thus violating due process. The lawsuit states that once the law goes into effect, retailers will be penalized for selling cannabis derivatives.
Supporters of HB 11 tout the bill as a way to curb underage e-cigarette use by limiting the sale of "authorized products" or those products that are certified under a "safety harbor" with the U.S. Food and Drug Administration (FDA). The bill has received support from Altira, with records submitted to the Legislative Ethics Committee showing that Altira has spent over $500,000 on lobbying efforts since January 2022.
In this lawsuit, it is claimed that the new law requires the FDA to approve products that cannot obtain FDA approval, as the FDA does not have regulatory procedures in place for them, such as products containing Amanita muscaria and marijuana derivatives. According to the lawsuit, a law passed by the legislature last year will also apply to marijuana e-cigarette products set to be launched in Kentucky in 2025.
The lawsuit also alleges that the new law violates a provision in the state constitution that limits laws to a single subject. The lawsuit argues that the title of HB 11 is "An Act relating to products containing nicotine," but it applies to non-nicotine e-cigarette products, such as marijuana-derived products.
The defendants are Allyson Taylor, an official with the Kentucky Department of Alcohol Beverage Control, and Michael Adams, the Secretary of State.
In the final days of the conference, lawmakers merged House Bill 11 and Senate Bill 344, the latter establishing an e-cigarette registry. Governor Andy Beshear signed the merged bill on April 5th.
E-cigarette vendors say that this law could create a monopoly for large retailers and harm small businesses.
Notice
1. This article is provided exclusively for professional research purposes related to industry, technology and policy. Any reference to brands or products is made solely for the purpose of objective description and does not constitute an endorsement, recommendation, or promotion of any brand or product.
2. The use of nicotine products, including but not limited to cigarettes, e-cigarettes, and heated tobacco products, is associated with significant health risks. Users are required to comply with all relevant laws and regulations in their respective jurisdictions.
3. This article is strictly restricted from being accessed or viewed by individuals under the legal age.
Copyright
This article is either an original work by 2Firsts or a reproduction from third-party sources with the original source clearly indicated. The copyright and usage rights of this article belong to 2Firsts or the original source. Unauthorized reproduction, distribution, or any other unauthorized use of this article by any entity or individual is strictly prohibited. Violators will be held legally responsible. For copyright-related matters, please contact: info@2firsts.com
AI Assistance Disclaimer
This article may have utilized AI to enhance translation and editing efficiency. However, due to technical limitations, errors may occur. Readers are advised to refer to the sources provided for more accurate information.
This article should not be used as a basis for any investment decisions or advice, and 2Firsts assumes no direct or indirect liability for any errors in the content.
