Kentucky Upholds Law Restricts Vaping Product Sales, Lawsuit Dismissed
In a significant development, Franklin County Circuit Judge Thomas Wingate dismissed a lawsuit challenging a recently passed Kentucky law that aims to restrict the sale of vaping products in the state. On Monday, the judge delivered a ruling that affirmed the measure serves a “legitimate state interest” and falls well within the scope of the General Assembly’s authority to safeguard the health and safety of Kentucky citizens.
The state’s Republican-led legislature passed the law, and Democratic Governor Andy Beshear signed it, with the legislation set to take effect at the start of 2025. The law seeks to keep vaping products that have not received authorization from the Food and Drug Administration (FDA) out of Kentucky stores, in an effort to curb the state’s “vaping epidemic,” particularly among youth.
Vape retailers and other opponents of the law had swiftly filed a lawsuit claiming that the legislation was constitutionally flawed and amounted to government overreach. They argued that the restrictions would jeopardize their businesses and that the measure was unconstitutionally arbitrary.
However, Judge Wingate sided with the law’s defenders, who maintained that the regulation of vaping products is a proper subject for legislative action as it pertains to the health and safety of Kentuckians. The judge emphasized that every state highly regulates the sale of nicotine and vapor products, and the court will not question the legislature’s specific reasons for limiting their sale.
The plaintiffs also claimed that the measure violated a state constitutional provision limiting legislation to only the subject expressed in its title, arguing that the title dealt with nicotine-only products while the legislation contained references to products of “other substances.” Judge Wingate rejected this argument, stating that the title “more than furnishes a clue to its contents and provides a general idea of the bill’s contents.”
Republican state Representative Rebecca Raymer, who filed the measure in response to complaints about rampant vaping in schools, expressed her satisfaction with the ruling. She stated, “If a product can’t get authorized or doesn’t fall under the FDA’s safe harbor rules, we don’t know if the ingredients are safe, where they’re from or what impact they will have on a user’s health2.”
Kentucky Attorney General Russell Coleman’s office, which defended the measure, also welcomed the ruling. Coleman affirmed that the legislature is empowered to make laws protecting Kentuckians’ health.
As of the time of reporting, the group representing Kentucky vape retailers had not responded to requests for comment.
The ruling marks a significant victory for supporters of the new law, who argue that it will help protect public health, particularly that of young people, from the potential risks associated with vaping products that have not undergone FDA scrutiny. The dismissal of the lawsuit clears the way for the law to take effect as planned in 2025, barring any further legal challenges.
News source: Kentucky judge dismisses lawsuit challenging a new law to restrict the sale of vaping products
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