According to a report by the American media outlet Kentuckylantern on March 29, the electronic cigarette bill in Kentucky, USA, was officially passed on Thursday evening, March 28.
At 10 p.m. on Thursday, the Senate passed the HB 11 bill with a vote of 29 in favor, 7 against, and 1 abstention. Several hours earlier, the bill unanimously passed the Senate Judiciary Committee after incorporating the Senate Bill 344. Around 11 p.m., the House approved these amendments with 64 votes in favor and 27 against. The bill is now ready to be submitted to Governor Andy Beshear, who can either veto or sign it. If he vetoes, the legislature can override it.
The Senate Judiciary Committee made amendments to House Bill 11, easing proposed penalties for selling electronic cigarette products to those under 21. This provision disappointed some children’s rights advocates seeking stronger compliance checks.
The bill is scheduled to take effect next year. It stipulates restrictions on products that have been approved by the Food and Drug Administration (FDA), have applied for FDA approval, or are challenging FDA approval denial.
However, some groups express concerns, with opponents of the bill arguing that it will harm small businesses and foster monopolies.
Republican Senator Shelley Funke Frommeyer of Alexandria voted against the bill in the interest of small businesses. While she cares about children’s safety, she stated that the bill “would be devastating to many small businesses.” Another opponent, Representative David Yates, argued that the bill’s enforcement provisions are weak and fail to protect young people.
“I just think we can do better, and we can go all out to protect our children, so we’re not creating monopolies for billion-dollar companies,” he said.
He noted that obtaining FDA approval is a lengthy and costly process, and the FDA is currently backlog with applications from e-cigarette manufacturers.
Greg Troutman, an attorney from the Kentucky Tobacco Freedom Association, said that even with this bill, children can still access these products online.
“This bill only makes things worse… We all agree we don’t want kids to have these products in any form. This bill doesn’t stop these products from getting into kids’ hands.”
Tobacco giant Phillip Morris International’s parent company, Altria, lobbied for the bill according to records from the Legislative Ethics Commission. Altria is actively involved in e-cigarette sales, owning a variety of tobacco products approved by the FDA.
Altria CEO Billy Gifford stated during a February 1 earnings call that the company is combating illegal sales of flavored disposable e-cigarette products through “engagement with state and federal legislators” among other methods. He told investors that they “have been working with many state legislatures that have passed or are considering legislation requiring manufacturers to show that they have submitted pending PMTA or have received marketing orders that meet FDA requirements.”
