Kentucky Vape Law Challenge Ends: Plaintiffs Drop Lawsuit Against HB 11

A significant legal battle over Kentucky’s controversial vape law has come to a quiet close. On May 13, 2025, the plaintiffs in a federal lawsuit challenging House Bill 11 voluntarily dismissed their case, leaving the law fully in effect. The decision marks a critical moment for vape retailers, small businesses, and consumers across the state. 

 

What is HB 11? 

 

House Bill 11, which went into effect on January 1, 2025, limits the sale of vapor products in Kentucky to those that have either received FDA marketing authorization or have a “safe harbor” certification—meaning a premarket tobacco application (PMTA) is currently under FDA review. The law also raises the legal age to purchase vape products to 21 and enforces strict penalties for non-compliance, including fines of $1,000–$5,000 and possible suspension of retailer licenses for repeat offenses. 

 

Who Filed the Lawsuit and Why? 

 

The lawsuit was brought in December 2024 by the Vapor Technology Association, E-Town Marketing & Distributing LLC, and Legendary Vapes Inc. These plaintiffs argued that HB 11: 

Infringes on federal authority by attempting to enforce FDA regulations at the state level. 

Violates the Supremacy Clause of the U.S. Constitution. 

Would devastate small businesses by removing most products from store shelves, particularly those that haven’t yet received FDA authorization. 

In January 2025, a federal judge dismissed the case, citing lack of standing, prompting an appeal to the Sixth Circuit and a request for an injunction to halt enforcement of HB 11 during litigation. 

But on May 13, the plaintiffs withdrew the case entirely, ending their legal challenge. 

 

What Does This Mean for Kentucky Retailers? 

 

With the lawsuit dismissed, HB 11 remains the law of the land. Retailers are now legally required to: 

Ensure all vapor products sold are either FDA-authorized or have a PMTA under review. 

Verify that customers are 21 or older. 

Remove any non-compliant products from inventory or face steep penalties. 

Retailers who relied on popular disposables or flavored products that haven't received FDA authorization may be hit hardest, with many already struggling to source alternative inventory. 

 

Controversy Over Big Tobacco’s Role 

 

One of the most contentious aspects of HB 11 is who benefits. Opponents argue the law disproportionately harms independent vape shops while giving a competitive edge to large corporations—especially Altria. 

Altria lobbied in favor of HB 11 and currently holds FDA authorization for a limited number of vapor products. Critics view the bill as a strategic move to eliminate competition, consolidate market power, and push adult consumers back toward traditional tobacco products—ironically, the very products public health efforts have long tried to displace. 

 

The Bigger Picture: Consumer Choice vs. Corporate Control 

 

The end of the lawsuit is a disappointing outcome for small businesses and harm reduction advocates. While public health remains an essential goal, many argue that overly restrictive state laws like HB 11 do more to protect tobacco industry profits than to genuinely protect public health. 

As vape shop owners across Kentucky comply with the law, the real losers may be the adult consumers seeking access to safer alternatives to combustible cigarettes. 

Stay Informed. Stay Engaged. 

 

As more states consider similar legislation, it’s essential for business owners, consumers, and public health advocates to raise their voices. The fight for fair access, balanced regulation, and consumer choice is far from over. 

Want to get involved? Contact your state representatives or visit advocacy groups like Vapor Technology Association to learn more.