April 17
A group of vape and hemp businesses has filed a lawsuit challenging Kentucky's PMTA registry law.
Kentucky Governor Andy Beshear signed House Bill 11 into law on April 5, making Kentucky the sixth state with a PMTA registry law. The bill had passed easily in both houses of the Kentucky General Assembly on March 28. It will take effect Jan. 1, 2025.
Legislators in about 20 other states are currently considering similar PMTA registry bills, which ban sales of vapes, exceptthose authorized by the FDA or still under review, and sometimes products whose marketing denial orders have been appealed in court. Governors in Virginia and Florida arecurrently deciding whether to sign registry bills that have passed in those state legislatures.
The Kentucky law will make it illegal to sell vaping products that have not either received marketing authorization from the FDA, still be under review by the agency, or are currently appealing a marketing denial order (MDO), or had the MDO stayed or reversed by the FDA or a court. Manufacturers must certify each product meets the state requirements before allowing its sale in the state.
The Kentucky Secretary of State will create a list of retailers authorized to sell legal products in the state. Wholesalers are responsible for selling only to authorized retailers. The new law provides for stiff fines to violators at every level of the manufacturing-distribution-retail sales chain.
Like most PMTA registry bills, SB 11 was written and lobbied for by Marlboro cigarette manufacturer Altria Group, and promoted in the General Assembly by Republican legislators (all 22 Kentucky House sponsors were Republicans). However, the bill passed both state houses with bipartisan majorities, and Gov. Beshear is a Democrat.
PMTA registry (or directory) laws arealready in place in Alabama, Louisiana and Oklahoma. Wisconsin’sregistry law passed in December, and will become effective July 1, 2025. Utah Gov. Spencer Cox signed a PMTA registry bill (and flavor ban) into law in March. It will become active Jan. 1, 2025.
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