AG Coleman announces court dismissed vape law challenge

HENDERSON, Ky. (WEHT) – Attorney General Russell Coleman announced after a months-long court battle, the challengers to Kentucky’s vaping law voluntarily dismissed their federal lawsuit before the U.S. Court of Appeals of the Sixth Circuit.

AG Coleman says the dismissal effectively ends the challenge to Kentucky House Bill 11 from 2024, which established new guidelines and enforcement relating to vapor products. According to the bill’s language, manufacturers, wholesalers and retailers can sell only “authorized” vapor products. In addition, retailers cannot sell even “authorized” vapor products to those under the age of 21.

Officials say after a Kentucky federal district court dismissed the plaintiffs’ challenge to the vaping law, they appealed to the Sixth Circuit in February. The Attorney General opposed the plaintiffs’ request, in part because the plaintiffs sued to continue selling products that are illegal under federal law. The Sixth Circuit unanimously agreed with the Attorney General.

“Kentucky’s General Assembly is entrusted with the responsibility to make laws, including to promote the health and safety of our families. Our Office will continue to fight to uphold those laws in court and deliver more positive outcomes like this,” said Attorney General Coleman. 

The vaping legislation was passed by the General Assembly in April 2024 and took effect January 1, 2025.