Beech Tree News Network

Frankfort, Kentucky (February 26, 2024) – Legislation aimed at keeping e-cigarettes, vapes, and other tobacco products that have not been granted authorization by the Food and Drug Administration out of the Kentucky stores and out of the hands of Kentucky children has been filed for consideration during the 2024 Regular Session. The measure, HB 11, was filed by Representative Rebecca Raymer on Monday.

“FDA authorization is a basic litmus test for these products. This should have no impact on vape shops or other retailers that are selling products authorized by the FDA,” Raymer said. “If they have not been authorized or fall within the safe harbor established by the FDA, and we know the products have a terrible impact on the health of our children, we have an obligation to get them off the shelves and out of stores.”

HB 11 also includes a provision that would require businesses to acknowledge whether they are involved in the retail sale of tobacco products when they file their business paperwork with the Secretary of State’s office.

One day’s worth of e-cigarettes confiscated by Kenton County Schools staff from students in the district. E-cigarettes continue to be a growing problem within Kentucky schools and have overtaken traditional cigarettes in prevalence.

 HB 11 also includes fines for those who sell authorized products to those 21 years of age and younger. Fines range from $1,000 for the first violation to $5,000 for the second. Third or subsequent violations within a two-year period would lose the ability to sell tobacco products for a year. In addition, there are fines for the wholesalers and manufacturers who engaged in the distribution of unauthorized tobacco products.

E-cigarettes, commonly known as vapes, are devices that simulate smoking with the inhalation of evaporated liquids. E-cigarettes can contain harmful and potentially harmful ingredients, including nicotine, chemicals, and heavy metals like nickel, lead, and tin. 

While many of these products were initially considered by the FDA to provide promise for adult smokers trying to quit smoking, over time the introduction of flavoring and the heavy investment in product placement and marketing have made them attractive to minors. The transition has led anti-smoking groups and youth advocates to actively oppose the products and the medical community to identify them as a public health concern.

 “We have to be particularly concerned with the use of these products by children and teenagers. We know that it has skyrocketed over the past several years. In fact, more high school students use e-cigarettes now than smoke their traditional counterparts,” Raymer added. “These products are attractive to kids because they’re flavored and they’re designed to attract attention. However, some are coming from countries like China and many are not authorized for sale.”

For more information about HB 11 and other legislation before the 2024 Regular Session, visit legislature.ky.gov.