According to Vaping360, Governor Andy Beshear of Kentucky officially signed Bill 11 on April 5, making Kentucky the sixth state to implement PMTA registration laws. The bill was passed by both houses of the Kentucky legislature on March 28 and is expected to take effect on January 1, 2025.
Approximately 20 states' lawmakers are currently considering similar PMTA registration bills, and the governors of Virginia and Florida are currently deliberating whether to sign the registration bills that have been passed by their state legislatures.
The bill will prohibit the sale of e-cigarette products that do not have FDA marketing authorization, are under FDA review, have a Market Denial Order (MDO) appeal pending, have had their MDO suspended or revoked by a court or the FDA. Manufacturers must certify that their products meet state requirements before selling them in the state. The Kentucky Secretary of State will establish a list of approved retailers to sell legal products within the state, and wholesalers will be responsible for only selling to authorized retailers. The new law will impose heavy penalties on violators in the manufacturing, distribution, and retail sales sectors.
Like most PMTA registration bills, this 11th bill was drafted and lobbied for by Altria Group, and pushed through the legislature by Republican lawmakers (all 22 sponsors in the Kentucky House of Representatives are Republicans). However, this bill received majority support from both parties in both chambers, with the state governor, Beshear, being a Democrat.
The PMTA registration law has been enacted in Alabama, Louisiana, and Oklahoma. The registration law in Wisconsin was passed last December and will take effect on July 1, 2025. Utah Governor Spencer Cox signed a PMTA registration bill in March of this year, which will take effect on January 1, 2025.
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