Key points:

• A federal lawsuit challenging Kentucky’s House Bill 11, which restricts the sale of unauthorized vapor products, was voluntarily dismissed by the plaintiffs.
• The law, which originally became effective January 1, 2025, limits sales to FDA-authorized or “safe harbor” certified products and prohibits sales to individuals under 21.
• Opponents argue the law disproportionately affects small businesses and favors large corporations like Altria, which lobbied for the bill.

A federal lawsuit challenging Kentucky’s House Bill 11, a law restricting the sale of unauthorized vapor products, has been voluntarily dismissed by the plaintiffs. The dismissal marks a significant development in the ongoing debate over vaping regulations in the state.

HB 11, a vape registry bill that passed in April 2024 and became effective January 1, 2025, mandates that retailers can only sell vapor products authorized by the U.S. Food and Drug Administration or those with a “safe harbor” certification (currently have a marketing application under review with the agency). The law also prohibits sales to individuals under the age of 21. Violations can result in fines ranging from $1,000 to $5,000, with repeated offenses potentially leading to the suspension of a retailer’s license.

The plaintiffs, including the Vapor Technology Association, E-Town Marketing & Distributing LLC, and Legendary Vapes Inc., filed the lawsuit in December 2024, arguing that HB 11 was preempted by the Federal Food, Drug, and Cosmetic Act and infringed upon the FDA’s exclusive authority to regulate tobacco products.

They also contended that the law would cause irreparable harm to Kentucky businesses by forcing the removal of most products from vape shop shelves.

In January 2025, U.S. District Judge Karen K. Caldwell dismissed the case, citing a lack of standing. The plaintiffs subsequently filed an appeal with the Sixth Circuit Court of Appeals and sought an injunction to halt the enforcement of HB 11 during the appellate process.

However, on May 13, 2025, the plaintiffs voluntarily dismissed the lawsuit, effectively ending the federal legal challenge to the law.

Kentucky Attorney General Russell Coleman praised the dismissal, stating, “Our General Assembly is empowered to make laws protecting Kentuckians’ health and charting our course for a bright future. This outcome underscores that reality.”

Opponents of the bill contend that the law disproportionately impacts small businesses and could lead to a monopoly for large corporations. Altria, the parent company of tobacco giant Philip Morris USA and manufacturer of FDA-authorized vaping products, lobbied for the bill, raising concerns about potential favoritism.

With the federal lawsuit dismissed, HB 11 remains in effect, and retailers across Kentucky are adjusting their inventories to comply with the new regulations.