Kentucky Judge Dismisses Lawsuit Challenging PMTA Registry Law

A Kentucky judge has dismissed a lawsuit challenging the state’s new PMTA registry law. The new law will ban the sale in Kentucky of all vape products except those that have either received FDA authorization, are still undergoing review by the FDA, are currently undergoing appeal, or have had an FDA marketing denial order (MDO) stayed or reversed by the FDA or a court.

The law, which passed both houses of the Kentucky General Assembly in March, was signed into law by Governor Andy Beshear in April. It will take effect Jan. 1, 2025.

The lawsuit challenging the registry law was filed in April by a coalition of Kentucky vape and hemp businesses, who were represented by veteran vaping industry attorney Greg Troutman. Defendants in the case were the state’s Department of Alcoholic Beverage Control Commissioner Allyson Taylor and Secretary of State Michael Adams

The plaintiffs argued that the law violates the Kentucky Constitution by addressing more than one subject—nicotine and cannabis products. The definition of vapor products in the law would apply to both nicotine vapes regulated by the FDA, and legal hemp-based vaping products (and marijuana vaping products in the future) that don’t fall under the FDA’s regulatory purview. 

Franklin Circuit Judge Thomas Wingate heard arguments July 8, and ruled this week, granting the defendants’ motion to dismiss the lawsuit. He disagreed with the plaintiffs arguments, according to the Kentucky Lantern, noting that the registry law’s “reference to ‘other substances’ is not used in a manner outside of the context of the bill, but rather to logically indicate what is unauthorized.”

Earlier this month, Troutman told the Lantern his clients would appeal the decision if Judge Wingate granted the motion to dismiss. Kentucky’s registry law will take effect in January, unless the vaping and hemp businesses are successful on appeal or are granted an injunction pending appeal.

Like many other PMTA registry (or directory) laws, the Kentucky legislation was created and lobbied for by Altria Group, manufacturer of Marlboro and other cigarette brands and NJOY vaping products. Numerous similar registry bills have been introduced in state legislatures this year.

In addition to Kentucky, Iowa, North Carolina, Utah and Virginia have passed tobacco industry-sponsored PMTA registry laws this year, and Florida and Nebraska passed bills creating less-stringent registries. In previous years, Alabama, Louisiana, Oklahoma and Wisconsin approved registry laws.