- A bill passed by the Kentucky House of Representatives aims to curb the illegal sale of e-cigarettes to teens and prevent unlicensed e-cigarette products from being sold over the counter.
- Kentucky businesses will be required to declare their involvement in the sale of tobacco products, and that information will be forwarded to the Kentucky Department of Alcoholic Beverage Control.
- The number of various e-cigarette devices sold in the United States has skyrocketed, driven almost entirely by a wave of unlicensed disposable e-cigarettes from China.
A bill aimed at cracking down on the illegal sale of e-cigarettes to young people and keeping unlicensed e-cigarette products out of stores passed the Kentucky House of Representatives on Monday.
The bill’s lead sponsor, Republican state Rep. Rebecca Reimer, said it was a response to complaints about the state’s “vaping epidemic,” particularly in schools.
“As we dug deeper into the issue, we found that most of what was seized were flavored disposable e-cigarettes. Upon further investigation, we discovered that many of these e-cigarettes are not even licensed for sale. ,” Reimer said in a statement after the bill passed. .
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The bill passed the House by a vote of 62-26 and then goes to the Senate. Republicans hold supermajorities in both chambers.
Elf Bar’s disposable e-cig pod devices are being seen in Washington. A bill aimed at cracking down on the illegal sale of e-cigarettes to young people and banning unlicensed e-cigarette products from stores was passed by the Kentucky General Assembly on March 11, 2024. (AP Photo/Andrew Harnik, File)
The bill would require Kentucky businesses to acknowledge whether they engage in the retail sale of tobacco products when filing business documents with the Secretary of State’s office. The list will be sent to the Kentucky Department of Alcoholic Beverage Control, which regulates the sale of tobacco and e-cigarettes.
In Kentucky, the minimum legal age to purchase smoking products is 21 years old. For the first charge under the bill, a retailer would be subject to a fine of between $100 and $500. The fine increases to $1,000 for a second offense and $5,000 for a third or subsequent offense. The bill also includes fines for wholesalers and manufacturers found to be involved in distributing unlicensed tobacco products.
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The number of various e-cigarette devices sold in the United States has skyrocketed since 2020, but this is almost entirely due to unlicensed disposable e-cigarettes from China, according to tightly controlled sales data obtained by The Associated Press. The cigarette wave is said to be the cause. Federal authorities are seizing more shipments of unapproved e-cigarettes at U.S. ports, while new flavored products continue to flow in from China, according to government and industry data reviewed by The Associated Press.
The numbers show that the Food and Drug Administration is struggling to control the chaotic e-cigarette market. Most disposable e-cigarettes, which are thrown away after use, come in sweet and fruity flavors, making them a popular tobacco product among teens.
Kentucky’s law (House Bill 11) aims to keep e-cigarettes, vapes and other tobacco products that aren’t FDA-approved from stores in the Bluegrass State.
“This action balances Kentucky consumers’ access to FDA-approved products with our obligation to keep electronic cigarettes and e-cigarettes containing dangerous ingredients off the shelves and out of the reach of children. ,” Reimer said in a statement Monday.
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During consideration in the House, the proposal drew harsh criticism from Republican state Rep. Savannah Maddox, who said it would ban products for adult use in Kentucky. She predicted public backlash against the bill.
“This is proposed with the intention of mitigating harm to minor children, but it actually has no such effect,” she said. “It’s going to hurt Kentucky businesses.”
She denounced it as an example of government overreach.
“Where does it end? I don’t think it’s the appropriate role of government for us to take on this ‘nanny state charade’ and ban products of this nature,” Maddox said. .
Reimer responded that the bill is intended to comply with FDA regulatory authority.
“I’m not the type of person who follows big government,” Reimer said. “But the fact is, we’re not the regulator of these products. The FDA is the regulator. It’s authorized through duly elected officials through Congress.”
