• 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
    United Way will assist local governments in doling out grants

    United Way’s campaign asks what does ‘United is the Way’ mean to you

    Fiscal court moves closer to approving $7.5 million addition to the county jail

    Fiscal court moves closer to approving $7.5 million addition to the county jail

    Street-legal special purpose vehicles allowed on county roads in unincorporated areas

    BRIEF: Fiscal court approves road repairs; meets new Humane Society executive director; hears solar panel questions from concerned citizen

    Inner City Improvement Plan committees share draft proposals

    To help with housing shortage, city starts process of allowing tiny homes

    Judge-Exec issues burn ban

    Judge-Exec issues burn ban

    Of Public Record in September’s print issue

    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
    August 2025 Athletes of the Month: Meryl Grogan and Alex Bowley

    August 2025 Athletes of the Month: Meryl Grogan and Alex Bowley

    Cols grit it out for tough victory over Henry Clay 19-16

    Cols grit it out for tough victory over Henry Clay 19-16

    The Gathering Place’s Senior Games start Monday

    The Gathering Place’s Senior Games start Monday

    The temperature (and big movies) will fall this September

    The temperature (and big movies) will fall this September

    Grogan picks up inaugural Athlete of the Week award

    Grogan picks up inaugural Athlete of the Week award

    Cols fall 44-21 in season-opening loss

    Cols fall 44-21 in season-opening loss

  • Lifestyle
    • All
    • Fashion
    • Food
    • Health
    • Travel
    Local residents shouldn’t have any health concerns from Newburgh chemical fire, says OEM director

    Local residents shouldn’t have any health concerns from Newburgh chemical fire, says OEM director

    Enjoy this soup made with fresh sweet corn

    Enjoy this soup made with fresh sweet corn

    Kratom faces increasing scrutiny from states and the feds

    Kratom faces increasing scrutiny from states and the feds

    Mixed berry trifle: Cake, whipped topping and berries on repeat

    Mixed berry trifle: Cake, whipped topping and berries on repeat

    Kentucky’s first state park boasts beauty, pomp and a legend

    Kentucky’s first state park boasts beauty, pomp and a legend

    Grants available from Deaconess Henderson Hospital Community Program Fund

    Hospital CAO: Deaconess Henderson will not close

    Trending Tags

  • Public Notices
No Result
View All Result
  • Home
  • News
    • All
    • Agriculture
    • Business
    • Local
    • Police
    • Politics
    • Schools
    • Science
    • Sports
    • State
    • World
    United Way will assist local governments in doling out grants

    United Way’s campaign asks what does ‘United is the Way’ mean to you

    Fiscal court moves closer to approving $7.5 million addition to the county jail

    Fiscal court moves closer to approving $7.5 million addition to the county jail

    Street-legal special purpose vehicles allowed on county roads in unincorporated areas

    BRIEF: Fiscal court approves road repairs; meets new Humane Society executive director; hears solar panel questions from concerned citizen

    Inner City Improvement Plan committees share draft proposals

    To help with housing shortage, city starts process of allowing tiny homes

    Judge-Exec issues burn ban

    Judge-Exec issues burn ban

    Of Public Record in September’s print issue

    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
    August 2025 Athletes of the Month: Meryl Grogan and Alex Bowley

    August 2025 Athletes of the Month: Meryl Grogan and Alex Bowley

    Cols grit it out for tough victory over Henry Clay 19-16

    Cols grit it out for tough victory over Henry Clay 19-16

    The Gathering Place’s Senior Games start Monday

    The Gathering Place’s Senior Games start Monday

    The temperature (and big movies) will fall this September

    The temperature (and big movies) will fall this September

    Grogan picks up inaugural Athlete of the Week award

    Grogan picks up inaugural Athlete of the Week award

    Cols fall 44-21 in season-opening loss

    Cols fall 44-21 in season-opening loss

  • Lifestyle
    • All
    • Fashion
    • Food
    • Health
    • Travel
    Local residents shouldn’t have any health concerns from Newburgh chemical fire, says OEM director

    Local residents shouldn’t have any health concerns from Newburgh chemical fire, says OEM director

    Enjoy this soup made with fresh sweet corn

    Enjoy this soup made with fresh sweet corn

    Kratom faces increasing scrutiny from states and the feds

    Kratom faces increasing scrutiny from states and the feds

    Mixed berry trifle: Cake, whipped topping and berries on repeat

    Mixed berry trifle: Cake, whipped topping and berries on repeat

    Kentucky’s first state park boasts beauty, pomp and a legend

    Kentucky’s first state park boasts beauty, pomp and a legend

    Grants available from Deaconess Henderson Hospital Community Program Fund

    Hospital CAO: Deaconess Henderson will not close

    Trending Tags

  • Public Notices
No Result
View All Result
The Hendersonian
No Result
View All Result
Home News

Kentucky’s new anti-vaping law ignites constitutional challenge

Sarah Ladd by Sarah Ladd
April 16, 2024
in News, Politics, State
0
0
SHARES
66
VIEWS
Share on FacebookShare on Twitter

Vape retailers, hemp association file suit in Franklin Circuit Court

Courtesy of Kentucky Lantern

Four vape shops, the Kentucky Vaping Retailers Association and the Kentucky Hemp Association have filed suit in Franklin Circuit Court seeking to strike down a new state law outlawing the sale of some of their products. 

Greg Troutman, a lawyer for the Kentucky Smoke Free Association, which represents vape retailers, said he’s “hoping that we can get a resolution to this well before” the law is scheduled to take effect Jan. 1. 

“Basically, what we’re asking for is that HB 11 be thrown out, because it’s unconstitutional,” Troutman told the Lantern. 

The lawsuit, which was filed Friday, argues that House Bill 11’s definitions of “vapor products” and “other substances” loop e-cigarettes and vapable hemp and marijuana products together, making it too broad and arbitrary to pass constitutional muster.

It also violates due process by requiring retailers to comply with a nonexistent regulatory process for hemp and other non-nicotine products, Troutman said.

Retailers will be subject to fines and penalties for selling vapable hemp-derived products once the law takes effect, the lawsuit says. 

HB 11’s backers tout the bill as 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 Food and Drug Administration (FDA). 

The bill was backed by Altria, the country’s largest manufacturer of cigarettes which also markets FDA-approved vape products. Altria has spent more than $500,000 lobbying the Kentucky legislature since January 2022, according to records filed with the Legislative Ethics Commission.

The suit alleges the new law would prohibit products that cannot win FDA approval because the FDA has no regulatory process for them, such as those containing amanita muscaria (a mushroom) and hemp-derived products. The law would also apply to vapeable marijuana products set to become available in Kentucky 2025 under a law the legislature passed last year, the lawsuit says. 

“Unless the manufacturers are making a therapeutic claim — that is, they’re intended to cure, treat, mitigate disease — they’re not subject to an FDA regulatory process,” Troutman said. “So how can you condition market approval in Kentucky upon complying with a nonexistent process? That is absolutely Kafkaesque.”

The U.S. Congress in 2009 enacted the Tobacco Control Act, requiring the FDA to regulate tobacco products to “protect the public health of the U.S. population and create a healthier future.” The FDA began regulating “electronic nicotine delivery systems” — e-cigarettes — under that authority in 2016.  

The suit also alleges the new law violates a provision in the state Constitution limiting laws to one subject. HB 11 is titled an “Act relating to nicotine products” but applies to non-nicotine vaping products such as those derived from hemp, the lawsuit says.

The defendants are Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control, and Secretary of State Michael Adams.

In the final days of the session, lawmakers merged HB 11 with Senate Bill 344, which created an e-cigarette registry. The combined bill was signed into law by Gov. Andy Beshear on April 5. Some advocates fear the new law could force more people back to traditional cigarettes, which are worse for bodily health than vaping. 

Vape store owners also testified the law could create a monopoly for big retailers and hurt small businesses. 

A spokeswoman for the House GOP said Tuesday while she could not comment on pending litigation, she believes “the legislature’s efforts to keep potentially dangerous e-cigarettes out of the hands of our children will stand the test.” 

Tobacco use can lead to all sorts of health problems, according to the Centers for Disease Control and Prevention. They include cancer, diabetes, heart disease and more. Nicotine is the addictive chemical in tobacco and can harm the developing brain, the CDC says.

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

Previous Post

Open records loopholes die in Kentucky Senate. Attempt to revive anti-DEI bill also fails.

Next Post

Kentucky Republicans and Democrats prepare to face off on ‘school choice’ amendment

Sarah Ladd

Sarah Ladd

Next Post

Kentucky Republicans and Democrats prepare to face off on ‘school choice’ amendment

  • 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