Kentucky Becomes Sixth State to Enact PMTA Registry Law
Kentucky Governor Andy Beshear has signed House Bill 11 into law, making the state the sixth in the nation to implement a Premarket Tobacco Product Application (PMTA) registry law. The bill, which passed with bipartisan support in both houses of the Kentucky General Assembly on March 28, will take effect on January 1, 2025.
PMTA Registry Bills Gain Momentum Nationwide
Kentucky joins a growing list of states, including Alabama, Louisiana, Oklahoma, Wisconsin, and Utah, that have enacted PMTA registry laws. These laws aim to regulate the sale of vaping products by requiring them to either receive marketing authorization from the FDA, be under review by the agency, or be in the process of appealing a marketing denial order (MDO).
Legislators in approximately 20 other states are currently considering similar bills, while governors in Virginia and Florida are deliberating whether to sign registry bills that have already passed in their respective state legislatures.
Provisions of Kentucky’s PMTA Registry Law
Under Kentucky’s new law, vape manufacturers must certify that each vaping product meets the state’s requirements before allowing its sale within the state. The Kentucky Secretary of State will maintain a list of authorized retailers, and wholesalers will be responsible for selling only to these approved vendors.
Violators at every level of the manufacturing, distribution, and retail sales chain will face substantial fines under the new law. The strict provisions aim to ensure compliance and limit the availability of unauthorized vaping products in the state.
Bipartisan Support and Industry Lobbying
Although House Bill 11 was primarily sponsored by Republican legislators in the Kentucky General Assembly, it garnered bipartisan support in both state houses. Governor Beshear, a Democrat, ultimately signed the bill into law, showcasing the widespread concern over the regulation of vaping products.
Notably, the bill was written and lobbied for by Altria Group, the maker of Marlboro cigarettes, highlighting the influence of the tobacco industry in shaping vaping regulations across the country.
As more states consider and implement PMTA registry laws, the landscape of the vaping industry continues to evolve, with a focus on ensuring that only FDA-authorized products are available to consumers.
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