As of January 1, 2025, Kentucky has implemented significant changes to its e-cigarette and vaping laws, aiming to curb youth access and ensure product safety. Here's an overview of the key provisions:
1. FDA Approval or Safe Harbor Certification Required
Under House Bill 11, retailers are only permitted to sell e-cigarette products that have received approval from the U.S. Food and Drug Administration (FDA) or possess a "safe harbor" certification. As of July 2024, the FDA had authorized approximately 34 tobacco and menthol-flavored e-cigarette products and devices. This measure aims to eliminate unauthorized and potentially unsafe products from the market.
2. Tobacco Noncompliance Database
The Kentucky Department of Alcoholic Beverage Control (ABC) is required to establish and maintain a tobacco noncompliance database. This database will track retailers that sell unauthorized vaping products and update the list monthly. The goal is to hold retailers accountable and ensure compliance with state regulations.
3. Restrictions on Flavored and Disposable Vapes
The new law specifically targets flavored disposable e-cigarettes, such as those with fruit, candy, and dessert flavors, which are often marketed toward minors. Popular products like Mr. Fog and Geek Bar are no longer permitted for sale in Kentucky. This restriction aims to reduce the appeal of vaping products to young individuals.
4. Legal Age for Purchase
The legal age for purchasing e-cigarette products in Kentucky remains 21. Retailers are required to verify the age of customers before completing a sale to ensure compliance with this law.
5. Licensing and Penalties
Senate Bill 100 proposes that all vape and tobacco retailers in Kentucky obtain a state license, enforced by the Department of Alcoholic Beverage Control. The bill also introduces stricter penalties for those caught selling these products to individuals under the age of 21. While the bill has passed in the Senate, it is still awaiting approval in the House.
6. Legal Challenges
The implementation of House Bill 11 has faced legal challenges. A lawsuit filed by the Kentucky Vaping Retailers Association and other plaintiffs argued that the law violates the 14th Amendment by not providing a regulatory pathway for hemp-derived vape products, which the FDA does not regulate. However, a Franklin Circuit Court judge recently dismissed the lawsuit, allowing the law to proceed as planned.
These regulatory changes reflect Kentucky's commitment to public health and youth protection. Consumers and retailers are encouraged to stay informed about these laws to ensure compliance and contribute to a healthier community.