According to a report on August 28th by news.yahoo, Kentucky e-cigarette retailers have filed an appeal regarding the dismissal of their lawsuit challenging the partial ban on the sale of e-cigarette products in 2024.
It has been reported that in late July, a judge at the Franklin Circuit Court in Kentucky dismissed the challenge by retailors against the 2024 law. Greg Troutman of the Kentucky Smoke Free Association, representing e-cigarette retailers, filed a notice of appeal to the Kentucky State Court this past Tuesday.
Troughtman represents retailers in a lawsuit against Kentucky's Alcohol Beverage Control Commissioner Allyson Taylor and Secretary of State Michael Adams, arguing that the new law failed to pass constitutional muster. However, Franklin Circuit Court Judge Thomas Wingate disagreed with this view in his ruling on July 29, stating that the law did not violate the state constitution and dismissing the challenge.
House Bill 11 was passed during the legislative session of 2024 and will go into effect on January 1st of next year. Supporters of the bill believe that by restricting the sale of e-cigarettes to only "authorized products" or those that have obtained certification from the US FDA's "safe harbor", it can effectively curb the use of e-cigarettes by minors.
Opponents argue that the bill will harm small businesses, leading to market monopolization by large retailers, and potentially even steer adolescents towards traditional cigarettes.
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