Kentucky Shops, Hemp Association Sue Over New Anti-Vaping Law

HB 11 will bar sales of vapes that aren’t authorized by the FDA

Several businesses that sell vapes, as well as the Kentucky Hemp Association and Kentucky Vaping Retailers Association, are suing the state government over House Bill 11, which will restrict vape sales starting in 2025.

Among other policy changes, HB 11 will bar businesses from selling vapes that either aren’t authorized by the U.S. Food and Drug Administration or aren’t in the midst of the approval process.

Thousands of nicotine vaping products featuring a dizzying array of flavors are sold across the country, but only 23 have the FDA’s signoff.

HB 11’s lead sponsor, GOP Rep. Rebecca Raymer of Morgantown, said in a March meeting that the goal is to get vape products “off the market that were being geared toward our children.”

“Once [the FDA] became the regulatory authority over this in 2016 through Congress’ direction, they have set guidelines for what could stay on the market,” Raymer said. “We are not making anything illegal. We are simply following what the FDA has put in place.”

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