Retailers Challenge Legislation Aimed at Curbing Youth Vaping
A new Kentucky law designed to curb youth vaping is facing legal opposition from vape retailers in the state. The lawsuit, filed last week in Franklin Circuit Court, argues that the legislation is unconstitutional and could force many vape shops to close their doors.
Strict FDA Approval Requirement Sparks Lawsuit
The Kentucky Vaping Retailers Association, the Kentucky Hemp Association, and four individual vape retailers are named as plaintiffs in the lawsuit. Their primary objection centers on a key provision of the new law: a requirement that all vape products sold in the state must have approval from the U.S. Food and Drug Administration (FDA) or a “safe harbor certification.”
Limited Availability of Approved Products Seen as Threat
The lawsuit highlights the limited number of FDA-approved vape products currently available on the market. Out of over one million applications submitted, the FDA has only approved 23 vape products as of now. Retailers argue that this requirement would effectively render most of their current inventory illegal and cripple their businesses.
Constitutional Argument Focuses on Due Process
The lawsuit contends that the law violates the 14th Amendment’s guarantee of due process. The argument hinges on the fact that hemp-derived vape products, according to the lawsuit, are not subject to FDA regulation. Since there’s no established path for such products to gain FDA approval, the lawsuit argues that the law unfairly restricts the sale of these items.
Defendants and Next Steps
Secretary of State Michael Adams and the Kentucky Department of Alcoholic Beverage Control are named as defendants in the lawsuit. Neither has commented on the case yet, stating they haven’t been officially served with the lawsuit. The new law is scheduled to take effect on January 1, 2025.
