According to a report by WEKU on July 30th, the primary sponsor of Kentucky House Bill 11, set to take effect on January 1, 2025, stated that she was not surprised by the decision of the Franklin Circuit Court ruling that the bill does not violate the Kentucky Constitution.
Kentucky State Representative Rebecca Raymer stated that she drafted the bill after speaking with school officials in her district and seeing photographs of e-cigarette devices being used by students.
This bill will prohibit the sales of e-cigarette products that have not received FDA marketing authorization, are currently under FDA review, are subject to a market denial order (MDO) appeal, or have had their MDO suspended or revoked by the court or FDA.
In fact, these products have not been approved by the FDA and should not even be sold here. So, I believe it is also the result I hope to see that those products that attract teenagers will not be able to be purchased in the state.
Kentucky's Franklin Circuit Court Judge Thomas Wingate has rejected the Kentucky Smoke-Free Association's argument that Senate Bill 11 is unconstitutional, claiming the bill is too broad, too arbitrary, and involves other substances. Wingate stated that some products not reviewed by the FDA are making children sick.
This bill simply reaffirms our commitment to following FDA guidelines, empowering our ABC and local law enforcement agencies to be able to remove these products from the market.
In a statement, the Director of the Alcohol Beverage Control (ABC) expressed readiness to enforce the law when it goes into effect in January.
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