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The vape and cannabis industries in Kentucky, USA are challenging the constitutionality of a vaping bill. The vaping bill has been passed by the legislative. Four vape retailers, as well as the Kentucky Vaping Retailers’ Association and the Kentucky Hemp Association, filed a lawsuit challenging House Bill 11 in Franklin Circuit Court on Friday (12th).
Under House Bill 11, retailers can only sell vapes certified by the U.S. Food and Drug Administration (FDA).
Retailers strongly oppose the measure. Because the FDA approved only 23 vape product applications out of over a million applications. Retailers say this bill restricts them from selling so few products would put them out of business. Since much of their inventory would not be legally available for sale.
The lawsuit alleges that the bill violates part of the state’s constitution and the 14th Amendment to the U.S. Constitution. The 14th Amendment guarantees due process. Because the plaintiffs claim that “hemp-derived products, including vapeable hemp products, are not subject to regulation by FDA.”
So there is no ‘regulatory market pathway’ for them and other products to be allowed for sale in Kentucky under the regulation ‘Cannabis Electronic Products Accessible under Kentucky’s medical marijuana program’.
Full details of Kentucky house bill 11: House Bill 11.
The lawsuit further states that the bill violates part of the Kentucky Constitution.
The title of Act 11 indicates that it relates to “nicotine-containing products.” But in fact, the bill applies to a broader range of ‘vaping products’ that do not contain only nicotine. This article violates the Constitution.
Defendants in the lawsuit are Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control, and Secretary of State Michael Adams. To restrict the vapes that can be sold, the bill also increases regulation of retailers. It allows the use of data collected by the secretary of state to create a list of businesses selling vapes. The state will use these data to enforce the prohibition on sales to those under 21.
If retailers are found selling vapes to anyone under 21, they will face more severe penalties under the new bill. The Fines will be up to $500 for a first violation; $1,000 for a second violation; and $5,000 for a third violation. Anyone with 4 violations within 2 years will be banned from selling vape products for one year. The bill is expected to take effect in 2025.
Vape manufacturer: the bill raises concerns about potential restrictions on the industry.
“We know consumer safety and regulation are important. But the rule for FDA certification may pose challenges for small vape manufacturers. Besides, it could limit product diversity and innovation. Potentially, may also hinder the development of safer alternatives to traditional smoking.” Says Mr. Franky Zhou, GM of VPFIT, a leading vape manufacturing company from China.
Balancing regulation with the adult smokers seeking harm reduction needs is crucial. So, it is necessary to engage in open dialogue with legislators. Besides, advocating for reasonable regulations based on scientific evidence is needed. And, ensuring fair market access for responsible vape manufacturers. These ways can help promote a balanced and sustainable vaping industry in Kentucky.
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