Tag: Kentucky

  • New Kentucky Vape Rules Start on New Year’s Day

    New Kentucky Vape Rules Start on New Year’s Day

    Credit: Andreykr

    A law taking effect on Jan. 1 will limit what smoke shops in Kentucky can sell.

    Kentucky House Bill 11 will make disposable vape products illegal and place restrictions on other vape products based on their status with the Food and Drug Administration.

    FOX 19 spoke with Jay Armstrong from Dripwell Vapors in Fort Wright, who said he opposed the law.

    “I think it’s a huge waste of time, and all it’s going to do is hurt the legitimate businesses that are doing things right,” Armstrong said.

    Armstrong explained that enforcement of policies like this seems to be lacking. He said that he rarely sees anyone come into the store to make sure they’re selling products that they’re allowed to sell.

    “People are going to go where they can get what they want,” Armstrong explained. He believes stores will be selling banned products, while stores that follow the rules will lose profits.

    Ben Chandler with the Foundation for a Healthy Kentucky told FOX 19 that the new law would be a step in the right direction.

    “It’s a start,” Chandler said. “It’s got lots of holes in it that need to be closed.”

  • Senator Wants Harsher Vape Laws in Kentucky

    Senator Wants Harsher Vape Laws in Kentucky

    Exterior of Kentucky State Capitol Building on a Summer afternoon. Frankfort, Kentucky, USA (Credit: EJ Rodriquez)

    Lawmakers, health leaders, and even young people talked in an interim legislative panel yesterday in Frankfort, Kentucky and discussed the dangers of youth use of vaping products.

    A law was passed last year to address some youth vaping issues, but lawmakers were told that the new rules don’t go far enough.

    Senator Jimmy Higdon says he may file a bill to require retailer licenses. He says that House Bill 11, which dealt with youth vaping, doesn’t have consequences for offenders, according to media reports.

    “That’s a good tool to have hanging over your head. If you continue to break the law, you will lose your license,” said Sen. Higdon, R-Ligdon.

    The Denton Group represents some vaping businesses, and a representative said that House Bill 11 is already hurting some. She wants a delay in enforcement of the bill.

    “To allow time to create regulations which is based on science and help businesses keep operating in the commonwealth and adult smokers with alternatives,” said Abbie Gilbert with the Denton Group.

    Senator Higdon also says his bill could have consequences for students caught with vapes away from school campuses.

    The proposed bill could be discussed in the legislative session set to begin January 7.

  • Retailers Move to Reinstate Challenge of Registry Law

    Retailers Move to Reinstate Challenge of Registry Law

    Credit: Lulla

    Kentucky vape retailers plan to appeal the dismissal of their challenge to a 2024 state ban on selling some vaping products. A Franklin Circuit judge in late July dismissed their lawsuit challenging the 2024 law.

    Greg Troutman, with the Kentucky Smoke-Free Association representing vape retailers, filed a notice of appeal with the Kentucky Court of Appeals last week.

    Troutman, on behalf of the retailers, had sued Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control and Secretary of State Michael Adams, arguing the new law did not pass constitutional muster, according to media reports. 

    Franklin Circuit Judge Thomas Wingate disagreed in a July 29 opinion. He dismissed the challenge, saying the law did not violate the state Constitution. 

    House Bill 11, which passed during the 2024 legislative session, goes into effect Jan. 1. Backers of the legislation said it aims 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. 

    According to Legislative Ethics Commission records, Altria, the parent company of tobacco giant Phillip Morris, lobbied for the Kentucky bill. 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.

  • Zyn Adds 450 Jobs, $232 Million Investment in Kentucky

    Zyn Adds 450 Jobs, $232 Million Investment in Kentucky

    Credit: PMI

    The expansion will deliver $277 million annually in regional economic impact and increase the plant’s workforce by 40 percent.

    Philip Morris International’s Swedish Match affiliate is announcing an investment of $232 million to expand the production capacity of its manufacturing facility in Owensboro, Kentucky.

    The expansion is expected to create an additional 450 direct jobs with an ongoing annual economic impact of $277 million and 410 indirect jobs for the Commonwealth of Kentucky. The facility produces ZYN nicotine pouches to help meet the growing demand from legal-age consumers switching from cigarettes or other traditional tobacco products.

    “Philip Morris International’s Swedish Match affiliate has been an important partner and job creator in this region for many years, and I’m excited to see this incredible new investment and the 450 great job opportunities it is creating for families in Owensboro and the surrounding region.”

    Kentucky Gov. Andy Beshear

    “Philip Morris International’s Swedish Match affiliate has been an important partner and job creator in this region for many years, and I’m excited to see this incredible new investment and the 450 great job opportunities it is creating for families in Owensboro and the surrounding region,” Kentucky Gov. Andy Beshear said. “Our economy continues to set records, and today’s announcement shows we’re bringing jobs to our people instead making our people move to the jobs. I want to thank and congratulate company leadership for doubling down here in the Commonwealth and look forward to many more years of prosperity.”

    Construction of the expanded facility is already underway, including adding more production space. Progressive production increases are expected during the project, which is targeted for completion by the second quarter of 2025. The construction phase alone is expected to create nearly 2,800 jobs and have an economic impact of about $414 million.

    Career opportunities at the facility cover a wide range of skill levels, including positions such as engineers, production staff, technicians, and quality control. Career opportunities can be found here.

    In addition to facility expansion and ongoing optimization of processes to increase capacity progressively over the coming quarters, the Kentucky facility will move from a 24-hour, five-days-per-week schedule to a 24-hour, seven-days-per-week schedule to boost production starting in the fourth quarter of this year.

    The Swedish Match Owensboro facility currently has about 1,100 employees. The ongoing expansion of the facility in Kentucky is expected to provide around 900 million cans of capacity by 2025.

    In July, PMI announced an investment of $600 million over the next two years through its U.S. affiliate to open a nicotine pouch manufacturing facility in Aurora, Colo. The Aurora facility and Owensboro expansion are designed to provide the capacity needed in the near and mid-term to meet ZYN’s current growth rate with U.S. legal-age nicotine consumers.

  • Registry Rules in Kentucky Decimating Vape Shops

    Registry Rules in Kentucky Decimating Vape Shops

    Credit: Zoran Milic

    A leading figure in the retail vaping industry in Kentucky has stated that businesses statewide are experiencing a decline. A new law that affects most vaping product outlets will come into effect this January.

    Tony Florence owns six vape stores in Kentucky and a manufacturing facility. He said his father died from lung cancer and his interest in the business has been to provide an avenue to help people quit smoking cigarettes. Florence said open-system vaping devices can work to that end.

    “If it got to the point where 20 years from now, I went out of business because there were no more people smoking and no more people vaping, mission accomplished. I’m good with that,” said Florence, according to media reports.

    But Florence predicts a vast majority of vape shops in Kentucky will be closing in the months ahead. He said HB 11, passed earlier this year, limits legal sales to relatively few products. Florence said disposable vape devices often do have higher nicotine levels, which can foster continued use.

    Florence said he’s seen a trend since April when lawmakers passed the legislation.

    “More and more stores just going out of business. They are not renewing leases. I mean, from a manufacturing-distribution standpoint, I’m down 80 percent since April. Because stores are just … they’re either not buying new product because they’re selling off the old or they’re going out of business,” said Florence.

  • Kentucky Judge Dismisses Vape Registry Lawsuit

    Kentucky Judge Dismisses Vape Registry Lawsuit

    Credit: Andreykr

    A Kentucky judge has dismissed a lawsuit challenging the constitutionality of a 2024 law banning the sale of some vaping products.

    In doing so, Franklin Circuit Court Judge Thomas 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 states that a law cannot relate to more than one subject. Wingate found the law doesn’t violate the state constitution, according to media reports.

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

    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 Judge Hears Vape Registry Bill Case

    Kentucky Judge Hears Vape Registry Bill Case

    Credit: Adobe

    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, according to media reports.

    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 lawsuit centers around House Bill 11 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.

    According to Legislative Ethics Commission records, Altria, the parent company of tobacco giant Phillip Morris, lobbied for the Kentucky bill. Based in Richmond, Virginia, the company is pushing similar bills in other states.

    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.

  • Governor Signs Kentucky Vape Registry Law

    Governor Signs Kentucky Vape Registry Law

    Andy Beshear (Credit: State of Kentucky)

    On April 5th, Kentucky Governor Andy Beshear signed House Bill 11 into law. This makes Kentucky the sixth state in the US with a registry law. The bill was passed quickly in both houses of the Kentucky General Assembly on March 28. The new law will go into effect on January 1st, 2025.

    Under the new Kentucky law, it will be illegal to sell vaping products that do not have marketing authorization from the U.S. Food and Drug Administration or are still under review by the agency. This law also applies to products that have received a marketing denial order (MDO), unless the MDO has been stayed or reversed by the FDA or a court. Manufacturers are required to certify that each product complies with state requirements before allowing its sale in Kentucky.

    Among other things, the bill also:

    • Require the Secretary of State to create and publish a list of certain tobacco product retailers;
    • Require the Department of Alcoholic Beverage Control to create and maintain a tobacco noncompliance database and reporting system;
    • Require wholesalers to verify a retailer’s presence in the database prior to transactions;
    • Establish and impose fines for wholesalers that unlawfully sell to a retailer that is in the noncompliance database;
    • Make ineligible any retailer with unpaid fines that are more than 60 days overdue from selling Tobacco Control Act-covered products until the fines are paid;
    • Direct manufacturers of Tobacco Control Act-covered products to provide safe harbor certification to wholesalers and retailers of their products;
    • Prohibit a retailer from selling Tobacco Control Act products to persons under 21 years of age.

    PMTA registry laws are already being enforced in Alabama, Louisiana and Oklahoma. Wisconsin passed a registry law in December and will become effective July 1, 2025. Utah also passed a registry bill that included a flavor ban that will become active on Jan. 1, 2025.

  • Kentucky House Committee Pass Vape Registry Bill

    Kentucky House Committee Pass Vape Registry Bill

    Credit: Andreykr

    A bill co-sponsored by 20 Kentucky lawmakers aims to limit the number of e-cigarettes, vapes and other next-generation tobacco products retailers are allowed to place on store shelves.

    The Senate health services committee heard testimony on House Bill 11 on Thursday. The bill limits the sale of products to those authorized by the U.S. Food and Drug Administration and would punish retailers who sell unauthorized products or to anyone under 21 years of age.

    “These vapes are not even supposed to be offered for sale per the FDA,” said Rep. Rebecca Raymer, one of the bill’s co-sponsors, according to media reports. “We, as a state, have an obligation to offer some protection to our citizens.”

    Among other things, the bill would:

    • Require the Secretary of State to create and publish a list of certain tobacco product retailers;
    • Require the Department of Alcoholic Beverage Control to create and maintain a tobacco noncompliance database and reporting system;
    • Require wholesalers to verify a retailer’s presence in the database prior to transactions;
    • Establish and impose fines for wholesalers that unlawfully sell to a retailer that is in the noncompliance database;
    • Make ineligible any retailer with unpaid fines that are more than 60 days overdue from selling Tobacco Control Act-covered products until the fines are paid;
    • Direct manufacturers of Tobacco Control Act-covered products to provide safe harbor certification to wholesalers and retailers of their products;
    • Prohibit a retailer from selling Tobacco Control Act products to persons under 21 years of age.

    “What you’re going to hear from the people in opposition of this bill is that it’s going to take everything off the shelf,” Raymer said. “That is just simply not true. There’s other states that have used the same definition that we are using.”

    Troy LeBlanc, a Louisville vape retailer and distributor, traveled to Frankfort to speak against the bill, which he said would devastate dealers. In essence, LeBlanc said HB11 would create a monopoly.

    “It will ban about 98 percent of my products as well,” LeBlanc said. “Because all it’s going to do is to make sure that Altria is the main seller in every convenience store throughout the city — which is Juul.”

    LeBlanc and other like-minded retailers want lawmakers to change the bill to put the products in 21-and-older stores and even increase the fines.

    “We do not want children smoking,” LeBlanc said. “We’ve even suggested that the fines that they have — $1,000 for the first occurrence — be raised to $5,000. Because we want people who are selling to minors punished.”

    The bill passed out of committee by a 14-1 vote.

  • Kentucky School District to Criminally Charge Vaping Youth

    Kentucky School District to Criminally Charge Vaping Youth

    Credit: AIJohn784

    A western Kentucky school system will issue criminal citations to kids vaping on school grounds. The zero-tolerance policy will begin during the next school year.

    Vaping on school grounds in Christian County will now be a criminal offense, according to media reports.

    Under a new policy adopted on Monday by Christian County Public Schools, any student in possession of a vape will be cited by law enforcement for drug paraphernalia.

    If the vape contains a controlled substance, the student will also be charged with drug use, possession, or distribution.

    “In middle and high school, students go through critical changes in their developing brains,” said Kim Stevenson, Director of Alternative Programs for the district. “Nicotine and other controlled substances impairs the growth of neurons and directly harms the portion of the brain responsible for learning, memory, and attention.”

    Sometimes, vapes are laced with fentanyl, which is deadly in the smallest amounts, media reports stated.