According to Yahoo on July 29, Thomas Wingate, a judge at the Franklin Circuit Court in Kentucky, dismissed a lawsuit challenging the constitutionality of a law that bans the sale of some vape products in 2024.
Wingate chose to stand on the side of the defendants in the lawsuit, namely Allyson Taylor, director of the Kentucky Alcoholic Beverage Control Bureau, and Michael Adams, secretary of state, who filed a motion to withdraw the lawsuit.
Greg Troutman, an attorney representing vape retailers, believes that the law is too broad and arbitrary to pass constitutional review because it is called the “Act on Nicotine Products” and involves “other substances.” Under the state constitution, a law cannot cover multiple topics.
Wingate said in his opinion that the law did not violate the state constitution. Wingate wrote that the title of the law “provides a clue to its content and provides a general overview of its content.”
He further wrote that the law “references ‘other substances’ in a way that does not extend beyond the context of the bill, but rather logically indicates what is unauthorized.”
The lawsuit revolves around House Bill 11, which was passed during the 2024 legislative session and took effect on January 1. Supporters of the bill say it will reduce underage use of vapes by limiting vape sales to “authorized products” or those that have received a “safe harbor certification” from the U.S. Food and Drug Administration (FDA).
Opponents of the bill argue that the bill will hurt small businesses, lead to a monopoly for large retailers, and could cause teenagers to turn to traditional cigarettes.
According to records from the Legislative Ethics Commission, tobacco giant Altria lobbied for the Kentucky bill and is pushing similar bills in other states. Altria has aggressively entered the vape market and sells a variety of FDA-approved vape products.
Wingate wrote in an opinion published on Monday:
“The sale of nicotine and vapor products is highly regulated in each state. The legislature decided to allow only FDA-approved or safe harbor-certified vape products to be sold. The court will not question the specific reasons for these decisions by the legislature. The regulation of these products is directly related to the health and safety of the state’s citizens. This is a power granted to the legislature by the Kentucky Constitution.”
Veehoo vape has been committed to promoting the sustainable development and compliance of the vape industry. We recognize that ensuring the safety and legality of products in the vape market is essential to protecting consumer health. Therefore, we are concerned about the Kentucky court’s decision to support the new vape bill.
Veehoo vape has always actively advocated compliance operations. We adhere to the bottom line of product quality and safety and are committed to providing consumers with safe and reliable vape products. We believe that legal norms and supervision are conducive to the healthy development of the entire industry, as well as the protection of the rights and interests of consumers and the public.
In this process, we will continue to support and comply with relevant regulations, actively cooperate with the requirements of regulatory authorities, and ensure that our products comply with the requirements of laws and regulations to protect the rights and interests of consumers and safety. Veehoo vape is willing to cooperate with relevant parties to jointly promote the sustainable development of the vape industry and contribute its own strength to society and the environment.
Tags: Kentucky vape Act，Franklin Circuit Court, Kentucky, USA，veehoo vape
