FRANKFORT, Ky. — A bill in the Kentucky House aims to further regulate vapes and e-cigarettes that may be sold in Kentucky. Under House Bill 11, retailers could only sell smokeless nicotine products approved for marketing by the Food and Drug Administration.

What You Need To Know

  • House Bill 11 would regulate types of vapes, e-cigarettes could be sold in Kentucky 

  • Only products with FDA authorization or proof of application seeking authorization could be sold 

  • Many of the "fun and fruity" flavored vapes targeting teens do not have FDA authorization 

  • The bill increases penalties for retailers that get caught selling unauthorized products and selling to underage customers

The bill targets e-cigarettes and vapes with “fruity flavors” and colorful packaging that are purposely targeting youth. Sponsors say many of these products don’t have clearance to be sold on shelves.

State Representative Rebecca Raymer, R-Morgantown, said many e-cigarettes and vapes sold in Kentucky and the country are being sold without Food and Drug Administration authorization.

“The FDA has a very limited enforcement arm and so we as a state have an obligation to offer some public protection to our citizens,” Raymer said.

House Bill 11 would require stores to only sell smokeless nicotine products that have FDA authorization or have applied to get authorization. Many of the colorful vapes with “fun” flavors have been denied FDA clearance for sale.

“I was contacted by school officials in my district, and I know other representatives have been contacted as well about how rampant vaping is in our schools and as I dove into what was being confiscated are mostly flavored and disposable vapes,” Raymer said.

A recent Kentucky Incentives for Prevention survey reports over 26% of high school seniors vaped in the past year and 5% of 6th graders. The bill also enhances penalties for stores selling unauthorized products and any products to Kentuckians under 21. HB 11 would also require the state’s Department of Alcohol and Beverage Control to create a database of noncompliant stores. Any store found on the database list would be barred from buying more product.

Dr. Brit Anderson, a pediatric emergency medicine physician, said vapes cause lung injury and changes to brain development during adolescence.

“It breaks my heart to see young people already addicted to nicotine products,” Anderson said.

But some vape store owners are concerned the bill would put them out of business. Tommy Wilson acknowledged that youth vaping is a problem but testified most vape store owners open their stores to get people off of regular cigarettes. He and other vape store owners in the committee meeting blamed most of the youth vaping problem on convenience stores.

“I’ve helped over 1000 people get off nicotine via combustible and get a lower dose via vapor,” said Wilson.

Wilson owns two vape stores in Pulaski County. He said he is not in hard opposition to the bill but believes it could be amended to let the ‘fun and fruity’ products be sold in 21 and up stores only.

“We feel like it’s an adult’s choice to be able to find something that they deem is less harmful to their body; is it perfect? Maybe not, but is it better than 3,000 chemicals and smoke going into your lungs? I feel it is,” Wilson said.

The bill passed committee favorably with 14 YAY votes, one NAY and three passes.

A retailer found selling unauthorized products to any person under this bill would be fined $1,000 for the first violation and $5,000 for each subsequent violation.

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