Kentucky vaping law upheld after monthslong court battle
Kentucky's House Bill 11 prohibited vape stores from selling non-FDA-regulated vape products. According to the bill's language, manufacturers, wholesalers, and retailers can sell only 'authorized' vapor products and only to customers over the age of 21.
Blowback over new Kentucky vaping law prompts lawmaker to file a repeal
After taking effect in January, those in the tobacco industry sounded the alarm because the list of what is regulated is a short one, and many feared the ban would put them out of business.
'Not everyone is complying with the new state orders, which is why people don't want to talk to you,' a vape store owner told FOX 56 in February, under the condition of anonymity due to concerns that their sales could be skirting the law. 'There are a lot of businesses already have closed up shop, and it's just really sad.'
A lawsuit filed in December 2024 said the ban was unconstitutional. On Jan. 30, a judge dismissed the case, citing 'a lack of standing.' The case then moved to appeal.
On Wednesday, May 14, Attorney General Russell Coleman announced the appeal was voluntarily dismissed after months of legal battles. The order is dated May 8.
Kentucky vaping law upheld after monthslong court battle
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'Kentucky's General Assembly is entrusted with the responsibility to make laws, including to promote the health and safety of our families. Our Office will continue to fight to uphold those laws in court and deliver more positive outcomes like this,' said Attorney General Coleman.
Solicitor General Matt Kuhn and Principal Deputy Solicitor General Jack Heyburn reportedly led the Attorney General's defense.
'Kentucky's young people face more threats today than ever before, and I'm proud of the General Assembly's ongoing work to protect them,' said Sen. Brandon Storm, who backed the bill in the Senate. 'I'm especially grateful to Attorney General Coleman for his leadership and partnership in defending Kentucky's laws. He is an outstanding ally in our efforts to safeguard the health and well-being of Kentucky's children and families.'
Click here for a look at FDA-regulated tobacco products.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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