This evening, in the 2024 legislative session, Kentucky lawmakers passed House Bill 11, which regulates e-cigarettes.

Specifically, it limits the sale of vaping products to a small number of brands approved by the FDA.

The bill was met with bipartisan opposition in both chambers, but was signed into law by Governor Andy Beshear today and an interim community committee meeting.

Lawmakers and students said the state needs to do more to crack down on underage vape sales.

Here's more from our Clayton Dalton as we begin tonight's legislative update.

House Bill 11, which takes effect on January 1st, 2025 Outlaws Vapes that aren't regulated by the Food and Drug Administration, and which includes lots of products that are fruit and candy flavored.

Still, lawmakers heard testimony urging them to do more to prevent underage use of e-cigarettes and the 2024 session.

House Bill 11 was introduced with the goal of addressing the youth nicotine use crisis as passed.

And even if it is enforced, it still fails to include the three constitutive components of tobacco 21 enforcement that is, licensing of all retailers, of all tobacco and nicotine products, including a retailer database.

Know who is selling these products and your compliance checks to ensure that the minimum legal sales age is being upheld, including follow up checks for retailer violations and then finally, enforceable escalating penalties for retailer violations, including up to license suspension and revocation.

We know that these three elements work in other states.

The data shows it.

But Kentucky is one of about only ten states does not have a similar tobacco 21 enforcement structure.

Without proper retail licensure, we're almost ensuring that the pot products, which you see before you today on that table over there, including this very handy vape pen which was purchased at a vape shop in Bardstown Road, will remain on the market and be available to use.

Abby Gilbert, a representative for the Vapor Technology Association, says House Bill 11 went too far.

FDA has not authorized flavored vapor products.

Hence, House Bill 11 is a total ban on flavored vapor and near-total ban on every other vapor product in Kentucky.

The economic impact of removing all vapor products from the market is severe.

A 130 Kentucky small businesses will close, eliminating almost 1000 jobs.

Kentucky will lose 63 million in state business and consumption taxes.

Further, Kentucky's economy will suffer the loss of approximately 174 million and economic input.

Whether or not the FDA can regulate vaping products is a question the U.S. Supreme Court will hear in October of 2025.

Because of this, Gilbert asked lawmakers to push the implementation date of House Bill 11 to January 1st, 2026, in anticipation of a clear ruling.

But one legislator didn't seem keen on the idea.

We probably wouldn't have a problem if they'd quit selling to underage kids.

They have absolutely no no problem accessing these products in this commonwealth.

And until they do, you will only find this being more and more and more stringent about this.

It's ridiculous.

The ease with which kids can get their hands on these.

If adults want to do it, want to put stuff in their body, that's up to them.

But you want to keep some.

The 18 year olds expect this to only get more harsh.

Thank you, Mr. Chairman.

For Kentucky Edition, I'm Clayton Dalton.

According to the National Youth Tobacco Survey released in September, half a million fewer young people in America reported using e-cigarettes compared to last year.