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    Thomason’s plans growth and with it, a broader distribution of its famous baked beans

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    WEHT/WTVW employees rally for their union

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    Executive director says this year’s arts alliance lineup gives people what they want

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    Summer Sunset Series, SummerFest ratchet up Henderson festival season this week

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    HCHS grad Tyler Brocato currently competing in a national chef competition

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    Second wall filled with names of 78 women at the Women’s Honor Court dedicated

    Randolph says he’ll run for city commission as a write-in

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    Thomason’s plans growth and with it, a broader distribution of its famous baked beans

    Thomason’s plans growth and with it, a broader distribution of its famous baked beans

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    WEHT/WTVW employees rally for their union

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

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

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

    Executive director says this year’s arts alliance lineup gives people what they want

    Executive director says this year’s arts alliance lineup gives people what they want

    2000 baseball Cols remember fondly state championship season a quarter century later

    2000 baseball Cols remember fondly state championship season a quarter century later

    Summer Sunset Series, SummerFest ratchet up Henderson festival season this week

    Summer Sunset Series, SummerFest ratchet up Henderson festival season this week

    May the summer blockbuster season begin!

    May the summer blockbuster season begin!

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

    No Kentucky Home, Part 4: A missing bench comes to symbolize missing solutions to homelessness

    No Kentucky Home, Part 3: A church called its vision for housing a ‘Beacon of Hope.’ The mayor had concerns.

    No Kentucky Home, Part 2: After living outdoors for weeks, she got a place to sleep, a shower — and a job

    HCHS grad Tyler Brocato currently competing in a national chef competition

    HCHS grad Tyler Brocato currently competing in a national chef competition

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Kentucky judge dismisses constitutional challenge to anti-vaping law

Sarah Ladd by Sarah Ladd
July 30, 2024
in News, State
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Courtesy of Kentucky Lantern

Franklin Circuit Court Judge Thomas Wingate has dismissed a lawsuit challenging the constitutionality of a 2024 law banning the sale of some vaping products. 

In doing so, Wingate sided with the lawsuit’s defendants — Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control, and Secretary of State Michael Adams — who filed a motion to dismiss. 

Greg Troutman, a lawyer for the Kentucky Smoke Free Association, which represents vape retailers, had argued that the law was too broad and arbitrary to pass constitutional muster because it is titled “AN ACT relating to nicotine products” but also discusses “other substances.” The state constitution says a law cannot relate to more than one subject. 

In his opinion, Wingate said the law doesn’t violate the state constitution. 

The law’s title “more than furnishes a clue to its contents and provides a general idea of the bill’s contents,” he wrote. 

The law’s “reference to ‘other substances’ is not used in a manner outside of the context of the bill, but rather to logically indicate what is unauthorized,” Wingate wrote. 

The lawsuit centers around House Bill 11, which passed during the 2024 legislative session and goes into effect Jan. 1. 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, lead to a monopoly for big retailers and could drive youth to traditional cigarettes. 

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.

“The sale of nicotine and vapor products are highly regulated in every state, and the court will not question the specific reasons for the General Assembly’s decision to regulate and limit the sale of  nicotine and vapor products to only products approved by the FDA or granted a safe-harbor certification by the FDA,” Wingate wrote in a Monday opinion. “The regulation of these products directly relates to the health and safety of the Commonwealth’s citizens, the power of which is vested by the Kentucky  Constitution in the General Assembly.”  

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

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