According to a report by the American media outlet Kentucky Lantern on March 29th, the e-cigarette bill in the state of Kentucky was officially passed on Thursday evening (March 28th).
On Thursday night at 10:00 p.m., the Senate passed HB 11 with a vote of 29 in favor, 7 against, and 1 abstention. Just a few hours earlier, the bill had unanimously passed through the Senate Judiciary Committee after incorporating amendments from Senate Bill 344. Around 11:00 p.m., the House also approved these changes with a vote of 64 in favor and 27 against. The bill is now ready to be sent to Governor Andy Beshear for either veto or signature. If vetoed, the legislature can override the veto.
The Senate Judiciary Committee's amendment to House Bill 11 - which reduces proposed penalties for selling e-cigarette products to those under 21 years old - has disappointed some child advocacy groups pushing for stronger enforcement measures.
The bill is scheduled to take effect next year. It stipulates that products that have been approved by the Food and Drug Administration (FDA), have applied for FDA approval, or are challenging FDA approval rejections will be subject to restrictions under the e-cigarette bill.
However, some groups have expressed concerns about this. Opponents of the bill believe that it will harm small businesses and foster a "monopoly" phenomenon.
Republican Senator Shelley Funke Frommeyer of Alexander State voted against the bill in the interest of small businesses. Despite her concern for the safety of children, she stated that the bill had "significant detrimental effects on many small businesses." Another opponent, Representative David Yates, argued that the enforcement provisions of the bill were weak and unable to adequately protect young people.
I just think we can do better, we can do our best to protect our children, so we won't be creating a monopoly for a billion-dollar company.
He said that obtaining FDA approval is a long and expensive process. The FDA is currently facing a backlog of applications from e-cigarette manufacturers.
Lawyer Greg Troutman from the Tobacco Free Association of Kentucky expresses that even with this law, children can still access these products online.
This legislation will only make the situation worse... We all agree that we don't want children to have access to these products in any form. This bill cannot prevent these products from falling into the hands of children.
The parent company of tobacco giant Philip Morris, Altria Group, lobbied for this bill according to records from the Legislative Ethics Commission. Altria Group is heavily involved in the e-cigarette market, and owns a variety of tobacco products that have been approved by the FDA.
Acrea (Acrea) CEO Billy Gifford said in a profit call on February 1 that the company is taking actions such as "engaging with state and federal legislators" to combat the illegal sales of flavored disposable e-cigarette products. He told investors that they "have been working with legislative bodies in many states that have either passed or are considering legislation requiring manufacturers to prove they have submitted pending PMTAs, or have received marketing orders compliant with FDA regulations."
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