• 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

    Deaconess Henderson Hospital Advisory Board gives $70,000 to local nonprofits

    Chill out at the Friends of the Library membership meeting July 12

    Two new honorees added to Juneteenth’s impact sign display

    Two new honorees added to Juneteenth’s impact sign display

    Wind turbine ordinance, which would be the first in Kentucky, is key to what ultimately occurs in Cordelio project

    Wind turbine ordinance, which would be the first in Kentucky, is key to what ultimately occurs in Cordelio project

    Macy talks socks,1978 UK champs and more during author visit to promote his book

    Macy talks socks,1978 UK champs and more during author visit to promote his book

    Alliance dedicates new Henderson County Mine

    Alliance dedicates new Henderson County Mine

    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
    2025 Handy Fest photo gallery

    2025 Handy Fest photo gallery

    Gritty Lady Cols advance to Final 4

    Gritty Lady Cols advance to Final 4

    Summer blockbusters finally arrive in June

    Summer blockbusters finally arrive in June

    A former Japanese tennis star champions Henderson County athletes

    A former Japanese tennis star champions Henderson County athletes

    Stanley hopes his exhibition is a reminder ‘to be open to joyfulness…from whatever ridiculous source it may come’

    Stanley hopes his exhibition is a reminder ‘to be open to joyfulness…from whatever ridiculous source it may come’

    Henderson joins West Kentucky Film Commission with hopes of luring movie makers here

  • Lifestyle
    • All
    • Fashion
    • Food
    • Health
    • Travel
    Grants available from Deaconess Henderson Hospital Community Program Fund

    Hospital CAO: Deaconess Henderson will not close

    Enjoy the fresh taste of summer

    Enjoy the fresh taste of summer

    Regional collaborative assists those suffering from mental health challenges with online resources

    Regional collaborative assists those suffering from mental health challenges with online resources

    Plenty of baseball to watch without stepping into a big league stadium

    Plenty of baseball to watch without stepping into a big league stadium

    Matthew 25 cuts the ribbon on new mobile sexual health unit

    Matthew 25 cuts the ribbon on new mobile sexual health unit

    The Gnomes of Audubon Forest, a Henderson Tourist Commission initiative, is a scavenger hunt for all ages

    The Gnomes of Audubon Forest, a Henderson Tourist Commission initiative, is a scavenger hunt for all ages

    Trending Tags

No Result
View All Result
  • Home
  • News
    • All
    • Agriculture
    • Business
    • Local
    • Police
    • Politics
    • Schools
    • Science
    • Sports
    • State
    • World

    Deaconess Henderson Hospital Advisory Board gives $70,000 to local nonprofits

    Chill out at the Friends of the Library membership meeting July 12

    Two new honorees added to Juneteenth’s impact sign display

    Two new honorees added to Juneteenth’s impact sign display

    Wind turbine ordinance, which would be the first in Kentucky, is key to what ultimately occurs in Cordelio project

    Wind turbine ordinance, which would be the first in Kentucky, is key to what ultimately occurs in Cordelio project

    Macy talks socks,1978 UK champs and more during author visit to promote his book

    Macy talks socks,1978 UK champs and more during author visit to promote his book

    Alliance dedicates new Henderson County Mine

    Alliance dedicates new Henderson County Mine

    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
    2025 Handy Fest photo gallery

    2025 Handy Fest photo gallery

    Gritty Lady Cols advance to Final 4

    Gritty Lady Cols advance to Final 4

    Summer blockbusters finally arrive in June

    Summer blockbusters finally arrive in June

    A former Japanese tennis star champions Henderson County athletes

    A former Japanese tennis star champions Henderson County athletes

    Stanley hopes his exhibition is a reminder ‘to be open to joyfulness…from whatever ridiculous source it may come’

    Stanley hopes his exhibition is a reminder ‘to be open to joyfulness…from whatever ridiculous source it may come’

    Henderson joins West Kentucky Film Commission with hopes of luring movie makers here

  • Lifestyle
    • All
    • Fashion
    • Food
    • Health
    • Travel
    Grants available from Deaconess Henderson Hospital Community Program Fund

    Hospital CAO: Deaconess Henderson will not close

    Enjoy the fresh taste of summer

    Enjoy the fresh taste of summer

    Regional collaborative assists those suffering from mental health challenges with online resources

    Regional collaborative assists those suffering from mental health challenges with online resources

    Plenty of baseball to watch without stepping into a big league stadium

    Plenty of baseball to watch without stepping into a big league stadium

    Matthew 25 cuts the ribbon on new mobile sexual health unit

    Matthew 25 cuts the ribbon on new mobile sexual health unit

    The Gnomes of Audubon Forest, a Henderson Tourist Commission initiative, is a scavenger hunt for all ages

    The Gnomes of Audubon Forest, a Henderson Tourist Commission initiative, is a scavenger hunt for all ages

    Trending Tags

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

Recent News

Deaconess Henderson Hospital Advisory Board gives $70,000 to local nonprofits

June 21, 2025

Chill out at the Friends of the Library membership meeting July 12

June 21, 2025
Two new honorees added to Juneteenth’s impact sign display

Two new honorees added to Juneteenth’s impact sign display

June 21, 2025
Henderson civic, industry leader Joel Hopper dies

Henderson civic, industry leader Joel Hopper dies

June 21, 2025
  • 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
  • Sign Up
  • About
  • Advertise
  • Contact Us
  • Login

© 2025 The Hendersonian • Henderson, KY 42420