Kentucky Attorney General Announces Federal Court Dismisses Vape Law Challenge

The dismissal effectively ends the challenge to Kentucky House Bill 11

FRANKFORT, Ky. (May 14, 2025) – Kentucky's Attorney General announced a major victory today in upholding a Kentucky law to protect Kentuckians’ health and safety. 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.

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.

After a Kentucky federal district court dismissed the plaintiffs’ challenge 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. That opinion can be found here.

“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. 

Solicitor General Matt Kuhn and Principal Deputy Solicitor General Jack Heyburn led the Attorney General’s defense of the vaping law before the Sixth Circuit.

“Kentucky’s young people face more threats today than ever before, and I'm proud of the General Assembly's ongoing work to protect them,” said Senator Brandon Storm, who championed the bill in the Senate. "I'm especially grateful to Attorney General Coleman for his leadership and partnership in defending Kentucky's laws. He is an outstanding ally in our efforts to safeguard the health and well-being of Kentucky's children and families."

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

Last July, General Coleman defeated a state-court challenge to the law in before the Franklin Circuit Court. The appeal of that decision remains pending in the Kentucky Court of Appeals