Kentucky Implements New Vape Regulations: What You Need to Know
Understanding the Impact of House Bill 11 on Kentucky’s Vaping Industry
On January 1, 2025, Kentucky’s House Bill 11, informally known as the “Kentucky vape ban,” went into effect. The new law, which passed during the 2024 legislative session, aims to curb the sale of electronic cigarettes to young people and address the state’s “vaping epidemic.”
FDA Approval Now Required for Vape Products in Kentucky
Under the new regulations, only “authorized products” or those with a “safe harbor certification” based on their status with the Food and Drug Administration (FDA) can be sold in Kentucky. This means that a vast majority of vape products, particularly disposable flavored e-cigarettes popular among teens and young adults, are now banned from sale in the state.
Retailers must remove non-compliant products from their shelves or face penalties under the new law. However, a small percentage of vape pens that have received FDA approval remain available for purchase.
Kentucky Ranks Second in the Nation for E-Cigarette Use
According to Forbes, Kentucky has the second-highest rate of e-cigarette use in the country, with 6% of adults reporting daily vaping, compared to the national average of 3.8%. The state trails only behind Tennessee in this regard.
Mixed Reactions to House Bill 11
Supporters of HB 11, such as Kentucky Youth Advocates executive director Terry Brooks, applaud the bill’s passage, stating that it “takes important steps to reduce youth access and limit initiation of addictive nicotine products.” However, critics argue that the ban may harm Kentuckians who use vape products as a means to quit smoking cigarettes.
Rep. Rebecca Raymer, R-Morgantown, the bill’s lead sponsor, emphasized that the legislation is a response to complaints of students vaping in schools and the prevalence of unauthorized vape products being confiscated.
Governor Andy Beshear signed HB 11 into law on April 5, 2024, with the ban taking effect on January 1, 2025. As Kentucky navigates this new regulatory landscape, both consumers and retailers must stay informed about the changes and their implications for the vaping industry in the state.
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