Attorney General Russell Coleman announced a major victory Wednesday in upholding a Kentucky law to protect Kentuckians’ health and safety. 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. The Attorney General 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 the Attorney General. That opinion can be found here.
“Kentucky’s General Assembly is entrusted with the responsibility to make laws, including to promote the health and safety of our families. Our Office will continue to fight to uphold those laws in court and deliver more positive outcomes like this,” Coleman said.
The vaping legislation was passed by the General Assembly in April 2024 and took effect January 1, 2025.
“Kentucky’s young people face more threats today than ever before, and I'm proud of the General Assembly's ongoing work to protect them,” said Senator Brandon Storm, who championed the bill in the Senate. "I'm especially grateful to Attorney General Coleman for his leadership and partnership in defending Kentucky's laws. He is an outstanding ally in our efforts to safeguard the health and well-being of Kentucky's children and families."
The vaping legislation was passed by the General Assembly in April 2024 and took effect January 1, 2025.
Last July, the Attorney General’s office defeated a state-court challenge to the law filed at Franklin Circuit Court. An appeal of that decision is still pending before the Kentucky Court of Appeals.
