Legislation aimed at keeping vapes out of the hands of children sent to Gov. Beshear

The Kentucky House of Representative voted last week to send the Governor House Bill 11, legislation filed by Representative Rebecca Raymer that would keep vapes that have not been granted authorization by the Food and Drug Administration (FDA) out of the Kentucky stores and out of the hands of Kentucky children. HB 11 would have no impact on FDA-authorized products or those that fall under the FDA’s safe harbor rules.

“I’m incredibly proud of my colleagues in the House and Senate for standing up for our children and consumers rather than allowing products that are banned in China despite the fact they’re made there,” Raymer said. “If a product can’t get authorized or doesn’t fall under the FDA’s safe harbor rules, we don’t know if the ingredients are safe, where they’re from, or what impact they will have on a user’s health. Other states have already taken this step, so we have an idea of how it would impact consumers and retailers. For example, in Alabama there are still more than 1,600 products available to adults.”

Vapes, technically classified as e-cigarettes, are devices that simulate smoking with the inhalation of evaporated liquids. They can contain harmful and potentially harmful ingredients, including nicotine, chemicals, and heavy metals like nickel, lead, and tin.

While these products were originally considered to provide promise for adult smokers trying to quit smoking, over time the introduction of flavoring and the heavy investment in product placement and marketing have made them attractive to minors. The transition has led anti-smoking groups and youth advocates to actively oppose them and the medical community to identify them as a public health concern.

“Every single day, teachers across the state have to take educational time to deal with illegally-possessed vapes. They’re finding them in desks, bookbags, lockers, and even hidden in ceilings,” Raymer added. “This started out because I was contacted by school officials in my district about how rampant vaping is in our schools. As I dove into this subject, I learned that most of what is confiscated is flavored and disposable vapes. Looking further, I found out that many of these vapes are not even authorized for sale.”

HB 11 also includes a provision that would require businesses to acknowledge whether they are involved in the retail sale of vapes when they file their business paperwork with the Secretary of State’s office.

Once legislation passes the legislature, a governor has ten days to review it and can sign it into law, veto it, or allow it to become law without his signature. For more information about HB 11 and other legislation before the 2024 Regular Session, visit www.legislature.ky.gov.