On April 5, Kentucky Governor Andy Beshear signed House Bill 11 into law, bringing the state's PMTA registry statute total to six. On March 28, the measure was comfortably approved by the Kentucky General Assembly's two chambers. It will go into force on January 1st, 2025.
Similar PMTA registry proposals, which prohibit the sale of vapes other than those approved by the FDA, those under review, and sometimes those whose marketing denial orders have been challenged in court, are now being considered by legislators in roughly 20 more states. Currently pending in their state legislatures are decisions by the governors of Florida and Virginia over the signing of registry measures.
Selling vaping goods that have not been approved for sale by the FDA, are under review by the agency, are appealing a marketing denial order (MDO), or have had an MDO stayed or overturned by the FDA or a court will be prohibited by Kentucky law. Before a product may be sold in a state, its manufacturers are required to verify that it complies with all applicable laws.
A list of merchants approved to sell lawful goods in the state will be compiled by the Kentucky Secretary of State. It is the duty of wholesalers to sell solely to approved merchants. The new rule stipulates that infractions at any stage of the production, distribution, and retail sales chain would result in severe penalties.
Like the majority of PMTA registry measures, SB 11 was drafted, supported, and pushed in the General Assembly by Republican lawmakers (all 22 Kentucky House supporters were Republicans). It was mostly authored by the company that makes Marlboro cigarettes, Altria Group. Nevertheless, with bipartisan majorities in both state chambers, the law was approved, and Governor Beshear is a Democrat.
Oklahoma, Louisiana, and Alabama already have regulations pertaining to PMTA registries, often known as directories. The registry bill in Wisconsin was enacted in December and will go into effect on July 1st, 2025. In March, Utah Governor Spencer Cox signed a measure banning flavors and creating a PMTA registry into law. It will go into effect on January 1, 2025.
