In Kentucky, a judge recently upheld a law passed by state lawmakers aimed at restricting the sale of vaping products, dismissing a lawsuit that argued the law was unconstitutional. Franklin County Circuit Judge Thomas Wingate ruled that the action taken by lawmakers was a valid exercise of the state’s authority to protect the health and safety of its citizens. The law, which will go into effect at the beginning of 2025, prohibits the sale of vaping products that have not been authorized by the Food and Drug Administration (FDA), with the goal of curbing youth vaping.
Supporters of the measure, including the Republican supermajority legislature and Democratic Gov. Andy Beshear, assert that the law is essential for public health. However, opponents such as vape retailers contended that the restrictions would harm their businesses and criticized the government’s involvement in regulating vaping products. Despite the objections, Judge Wingate sided with the law’s defenders, highlighting the importance of regulating vaping products in safeguarding the well-being of Kentucky residents.
The lawsuit against the law also claimed that it violated a state constitutional provision by addressing substances beyond nicotine, the focus mentioned in the legislation’s title. However, the judge rejected this argument, stating that the title provided a clear indication of the bill’s contents and overall intent. Republican state Rep. Rebecca Raymer, who introduced the measure in response to concerns about widespread vaping among youth in schools, expressed satisfaction with the court’s decision.
Kentucky Attorney General Russell Coleman’s office supported the measure, emphasizing that the legislature has the authority to enact laws that protect the health of the state’s residents. While a group representing Kentucky vape retailers did not immediately respond to requests for comment following the ruling, the decision underscores the state’s commitment to regulating vaping products in the interest of public health and safety.
