Twin Kentucky House Bills Seek To Overturn Disasterous Vape Directory Law

 The 2024 Kentucky Acts, Chapter 111 (House Bill 11), imposed onerous regulations on nicotine products and destroyed businesses. Lawmakers, not as invested as the small business owners who are the lifeblood of the economy, did not realize the magnitude of their legislation.

By barring all but a handful of obsolete and unpopular tobacco flavored e-cigarettes, lawmakers funneled countless adult nicotine users back onto combustible cigarettes while pushing thousands of businesses to the edge of bankruptcy. And all of this occurring while the very federal regulations, now being enforced by the state, were under attack in a pivotal US Supreme Court Case.

Emergency Time Out

With the debacle of businesses destroyed kicking off on January 1, two new bills are designed to delay the implementation of those regulations until the Supreme Court of the United States resolves a pivotal case: Food and Drug Administration v. Wages and White Lion Investments, LLC. 

Kentucky's House Bills 62 and 63 aim to reverse stricter nicotine regulations established by a 2024 law. With an emergency clause, these bills seek to delay enforcement until the Supreme Court rules on FDA v. Wages and White Lion Investments, LLC.

Kentucky House Bills 62 and 63

House Bills 62 and 63 propose suspending Kentucky's 2024 nicotine regulation law unless the Supreme Court upholds the FDA’s denial of certain vaping products and validity of the PMTA process. If approved, the act would take effect immediately with retroactive application to January 1, 2025, due to an emergency declaration.

Suspend key provisions of the 2024 vaping regulations. 

Prevent enforcement of stricter nicotine product regulations unless the Supreme Court overturns the Fifth Circuit’s ruling in the Wages and White Lion Investments case.

Temporarily halt additional restrictions on vaping products, protecting consumers and businesses from potential overreach until there’s clarity on federal vaping regulations. 

Kentucky Back Peddling After Jumping Gun

The bills tackle issues with the FDA's premature enforcement of restrictive vaping laws, highlighting concerns over the agency's rejection of marketing applications, which the Fifth Circuit called “arbitrary and capricious.”

Kentucky lawmakers are delaying 2024 vaping regulations to protect local businesses, ensure access to smoke-free nicotine alternatives, and prevent a rise in unregulated nicotine products. They are also waiting for the Supreme Court’s decision on the FDA's vaping product rulings to avoid unnecessary confusion and economic impact.

How Does this Effect Your Business?

If the twin Kentucky Bills and 2024 vaping regulations enacted, the fallout will be immediate:

• Small Businesses: Vape shops and retailers would face increased operational costs and potential closures, particularly if popular products are removed from the market. Lower margin tobacco industry products also will cut into profits, even at those stores that can retain their sales volume. 
• Consumers: Adult vapers seeking superior alternatives to traditional smoking may lose access to products they rely on. 
• Public Health: Research has shown that overly restrictive vaping laws may inadvertently drive adult vapers back to smoking, undermining years of progress. 

Take Action: Contact Governor Andy Beshear 

Urge Governor Andy Beshear to support House Bills 62 and 63 for balanced vaping regulations in Kentucky. Make your voice heard today!

• Phone: Call Governor Beshear’s office at (502) 564-2611. 
• Email: Use the contact form on the Governor’s website: Contact Governor Beshear. 

By voicing your opinion, you can help ensure that Kentucky adopts a balanced approach to nicotine regulation—one that protects public health without jeopardizing businesses or consumer access. As a business owner, you are part of the solution and the cornerstone of Kentucky's future.