Challengers to Kentucky’s vaping law dismiss federal lawsuit

Kentucky Health News

After a months-long court battle, the challengers to Kentucky’s vaping law voluntarily dismissed their federal lawsuit before the U.S. Sixth Circuit Court of Appeals.

The dismissal effectively ends the challenge to Kentucky House Bill 11 from 2024, which established new guidelines and enforcement relating to vapor products. According to the bill’s language, manufacturers, wholesalers and retailers can sell only “authorized” vapor products. In addition, retailers cannot sell even “authorized” vapor products to those under the age of 21.

After a Kentucky federal district court dismissed the plaintiffs’ challenge to the vaping law, they appealed to the Sixth Circuit in February. Attorney General Russell Coleman opposed the plaintiffs’ request, in part because the plaintiffs sued to continue selling products that are illegal under federal law. The Sixth Circuit unanimously agreed with Coleman. 

The vaping legislation was passed by the General Assembly in April 2024 and took effect Jan. 1.