• Sign Up
    • Yearly by Check
    • Monthly Recurring
  • About
  • Advertise
  • Contact Us
  • Account
  • Log In
The Hendersonian
  • Home
  • News
    • All
    • Agriculture
    • Business
    • Local
    • Police
    • Politics
    • Schools
    • Science
    • Sports
    • State
    • World
    Candidate intro: J.T. Payne, seeking re-election to state representative seat

    Candidate intro: J.T. Payne, seeking re-election to state representative seat

    Harris stars on both sides of the ball to earn Athlete of the Week

    Harris stars on both sides of the ball to earn Athlete of the Week

    EXPLAINER: The costs of the HVAC project at South Middle School

    EXPLAINER: The costs of the HVAC project at South Middle School

    Local leaders to present a proposal in support of Farmer and Frenchman at Tuesday’s fiscal court meeting

    Fiscal court starts process to amend zoning for a path for F&F to build a B&B

    BRIEFS: Redbanks recognized statewide; Shappell new district math coordinator; Matthew 25 hosts World AIDS Day Resource Fair

    BRIEFS: Redbanks recognized statewide; Shappell new district math coordinator; Matthew 25 hosts World AIDS Day Resource Fair

    HPD supports lieutenant who is battling sarcoma

    HPD supports lieutenant who is battling sarcoma

    Trending Tags

  • Tech
    Blazing-fast broadband services now available to the majority of homes in the city and county

    Blazing-fast broadband services now available to the majority of homes in the city and county

    HMP&L signs initial agreement to build a battery energy storage system on South Green Street

    HMP&L signs initial agreement to build a battery energy storage system on South Green Street

    In some parts of the U.S., the grid of the future might be closer than you think

    Trending Tags

  • Entertainment
    • All
    • Gaming
    • Movie
    • Music
    • Sports
    Colonels September sports roundup

    HCHS football final stats

    Alice P. Taylor Christmas Candlelight Service celebrates 100th year

    Alice P. Taylor Christmas Candlelight Service celebrates 100th year

    Cols fall 44-21 in season-opening loss

    HCHS football stats (through game 12)

    Cols earn redemption with playoff win over McCracken

    Cols earn redemption with playoff win over McCracken

    Vets Day warrants a visit to the LST-325 and Evansville Wartime Museum

    Vets Day warrants a visit to the LST-325 and Evansville Wartime Museum

    The holiday season begins in theaters in November

    The holiday season begins in theaters in November

  • Lifestyle
    • All
    • Fashion
    • Food
    • Health
    • Travel
    Alice P. Taylor Christmas Candlelight Service celebrates 100th year

    Alice P. Taylor Christmas Candlelight Service celebrates 100th year

    Easy to prepare, Marinated Vegetables ends up the star of the meal

    Easy to prepare, Marinated Vegetables ends up the star of the meal

    Still so much to learn from family members with dementia/Alzheimer’s

    Still so much to learn from family members with dementia/Alzheimer’s

    Vets Day warrants a visit to the LST-325 and Evansville Wartime Museum

    Vets Day warrants a visit to the LST-325 and Evansville Wartime Museum

    Kentucky community colleges working to meet students’ ‘severe’ need for mental health support

    The $5 million KY gave to food banks during SNAP delays heads out

    The Port celebrates three years in Henderson

    The Port celebrates three years in Henderson

    Trending Tags

  • Public Notices
No Result
View All Result
  • Home
  • News
    • All
    • Agriculture
    • Business
    • Local
    • Police
    • Politics
    • Schools
    • Science
    • Sports
    • State
    • World
    Candidate intro: J.T. Payne, seeking re-election to state representative seat

    Candidate intro: J.T. Payne, seeking re-election to state representative seat

    Harris stars on both sides of the ball to earn Athlete of the Week

    Harris stars on both sides of the ball to earn Athlete of the Week

    EXPLAINER: The costs of the HVAC project at South Middle School

    EXPLAINER: The costs of the HVAC project at South Middle School

    Local leaders to present a proposal in support of Farmer and Frenchman at Tuesday’s fiscal court meeting

    Fiscal court starts process to amend zoning for a path for F&F to build a B&B

    BRIEFS: Redbanks recognized statewide; Shappell new district math coordinator; Matthew 25 hosts World AIDS Day Resource Fair

    BRIEFS: Redbanks recognized statewide; Shappell new district math coordinator; Matthew 25 hosts World AIDS Day Resource Fair

    HPD supports lieutenant who is battling sarcoma

    HPD supports lieutenant who is battling sarcoma

    Trending Tags

  • Tech
    Blazing-fast broadband services now available to the majority of homes in the city and county

    Blazing-fast broadband services now available to the majority of homes in the city and county

    HMP&L signs initial agreement to build a battery energy storage system on South Green Street

    HMP&L signs initial agreement to build a battery energy storage system on South Green Street

    In some parts of the U.S., the grid of the future might be closer than you think

    Trending Tags

  • Entertainment
    • All
    • Gaming
    • Movie
    • Music
    • Sports
    Colonels September sports roundup

    HCHS football final stats

    Alice P. Taylor Christmas Candlelight Service celebrates 100th year

    Alice P. Taylor Christmas Candlelight Service celebrates 100th year

    Cols fall 44-21 in season-opening loss

    HCHS football stats (through game 12)

    Cols earn redemption with playoff win over McCracken

    Cols earn redemption with playoff win over McCracken

    Vets Day warrants a visit to the LST-325 and Evansville Wartime Museum

    Vets Day warrants a visit to the LST-325 and Evansville Wartime Museum

    The holiday season begins in theaters in November

    The holiday season begins in theaters in November

  • Lifestyle
    • All
    • Fashion
    • Food
    • Health
    • Travel
    Alice P. Taylor Christmas Candlelight Service celebrates 100th year

    Alice P. Taylor Christmas Candlelight Service celebrates 100th year

    Easy to prepare, Marinated Vegetables ends up the star of the meal

    Easy to prepare, Marinated Vegetables ends up the star of the meal

    Still so much to learn from family members with dementia/Alzheimer’s

    Still so much to learn from family members with dementia/Alzheimer’s

    Vets Day warrants a visit to the LST-325 and Evansville Wartime Museum

    Vets Day warrants a visit to the LST-325 and Evansville Wartime Museum

    Kentucky community colleges working to meet students’ ‘severe’ need for mental health support

    The $5 million KY gave to food banks during SNAP delays heads out

    The Port celebrates three years in Henderson

    The Port celebrates three years in Henderson

    Trending Tags

  • Public Notices
No Result
View All Result
The Hendersonian
No Result
View All Result
Home Lifestyle Health

Judge hears arguments on Kentucky law banning some vaping products

Sarah Ladd by Sarah Ladd
July 9, 2024
in Health, State
0
0
SHARES
32
VIEWS
Share on FacebookShare on Twitter

Courtesy of Kentucky Lantern

FRANKFORT — Franklin Circuit Judge Thomas Wingate heard arguments Monday in a case challenging the constitutionality of a 2024 law banning the sale of some vaping products. 

This comes as the defendants — Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control, and Secretary of State Michael Adams — filed a motion to dismiss the case. 

Should Wingate grant that motion, the plaintiffs—the Kentucky Vaping Retailers Association, the Kentucky Hemp Association and four vape shops—will appeal the decision, their lawyer told the Lantern. The plaintiffs have also filed a motion for judgment. 

Either way, the case is far from settled. It’s unclear when a decision could come, as Wingate said it will “take a while” for him to review. 

The arguments 

The lawsuit centers around House Bill 11, which passed during the 2024 legislative session. Backers of the legislation said it’s a way to curb underage vaping by limiting sales to “authorized products” or those that have “a safe harbor certification” based on their status with the U.S. Food and Drug Administration (FDA). 

Opponents have said it will hurt small businesses and lead to a monopoly for big retailers. 

Altria, the parent company of tobacco giant Phillip Morris, lobbied for the Kentucky bill, according to Legislative Ethics Commission records. Based in Richmond, Virginia, the company is pushing similar bills in other states. Altria, which has moved aggressively into e-cigarette sales, markets multiple vaping products that have FDA approval. 

Greg Troutman, a lawyer for the Kentucky Smoke Free Association, which represents vape retailers, told the judge Monday that, among his issues with the new law, is the way it defines “vapor products” and “other substances,” looping e-cigarettes and vapable hemp and marijuana products together. He argues that combination makes the law too broad and arbitrary to pass constitutional muster.

Troutman argued that because of this, the title of the bill, “AN ACT relating to nicotine products,” didn’t fairly represent the content of the legislation. 

Lindsey Keiser, an assistant attorney general, countered that the title doesn’t need to fully cover the content of the bill. 

“It’s long settled that the title does not need to have a detailed index of everything that’s contained within the bill,” she told the judge. 

Keiser also argued that “the fact that the FDA has approved so few indicates that there is a lot of concern about these products.”

“So,” she said, “it’s reasonable then for Kentucky to … say that ‘if the FDA is only approving this limited number, we too will only approve this limited number.’”  

Later this year, the U.S.  Supreme Court will decide whether or not the FDA was unfair in its denial of at least a million vaping product applications, the Associated Press reported in early July. 

Troutman, arguing for the vape retailers, said the state law is flawed because it’s based on a flawed federal process. “We’ve got a state process that is predicated before a federal process that itself has been deemed arbitrary by at least two federal courts,” he said. 

Meanwhile, HB 11 is set to be enforceable starting Jan. 1, 2025, the same day patients with a history of post traumatic stress disorder (PTSD), cancer or other approved medical conditions — will be able to apply for cannabis cards for medical marijuana. 

Kentucky Lantern is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

Previous Post

Floyd is appointed to Mooseheart board of directors

Next Post

Cruise ship Viking Mississippi makes a surprise stop in Henderson Tuesday

Sarah Ladd

Sarah Ladd

Next Post
Cruise ship Viking Mississippi makes a surprise stop in Henderson Tuesday

Cruise ship Viking Mississippi makes a surprise stop in Henderson Tuesday

  • Sign Up
  • About
  • Advertise
  • Contact Us
  • Account
  • Log In

© 2025 The Hendersonian • Henderson, KY 42420

No Result
View All Result
  • Home
  • News
  • Tech
  • Entertainment
  • Lifestyle
  • Public Notices
  • Sign Up
  • About
  • Advertise
  • Contact Us
  • Login

© 2025 The Hendersonian • Henderson, KY 42420