Kentucky lawmakers file flurry of bills to keep e-cigarettes from teens
A bipartisan effort underway among Kentucky lawmakers to keep e-cigarettes out of the hands of teenagers includes two new bills pre-filed this week: one to ban the sale of flavored e-cigarettes in Kentucky, and another to lift the minimum purchase age from 18 to 21.
The first bill, proposed by Rep. Buddy Wheatley, D-Covington, would block the statewide sale of flavored vaping devices, including but limited to the following flavors: any food or drink flavor, chocolate, vanilla, mint, wintergreen, fruit, honey, candy, cocoa, dessert, alcoholic drinks, herbs, and spices.
Tobacco-flavored e-cigarettes would not be subject to this ban, Wheatley said Friday by phone. Fines for anyone selling or distributing would range from $1,000 to $2,500.
In early September, amid an onset of hundreds of vaping-related illnesses, the White House called for a nationwide flavored e-cigarette ban. President Donald Trump has since reportedly walked that proposal back, saying he needs more time to study the issue.
“The hope is that the federal government will take similar steps regarding a ban of e-cigarette flavors,” Wheatley said, “but until that happens, my bill will at least make sure this is in effect here in Kentucky.”
A second bill from Sen. Ralph Alvarado, R-Winchester, would increase the minimum age one can purchase vaping products from 18 to 21. Both have been endorsed by the Foundation for a Healthy Kentucky, a statewide organization that promotes health-conscious legislation.
Another bill pre-filed in October from Rep. Jerry Miller, R-Louisville, would ban online sales and, instead, require in-person purchasing of all vaping products. Those retailers and manufacturers would have to pay a $700 annual licensing fee. It also seeks to raise the minimum purchase age to 21.
These proposals are some of the latest in a growing patchwork of efforts by Kentucky lawmakers, residents and schools to limit access to vaping products and seek compensation for bodily harm e-cigarettes have allegedly caused. Six people in Kentucky have been sickened with a vaping-related illness since August, and 43 cases of potential illness have warranted investigations, according to the state Department for Public Health.
On the legislative side, Republicans and Democrats joined forces over the summer to support a tax of all vaping devices commensurate with Kentucky’s tobacco sales tax, to be vetted during the 2020 legislative session.
Bullitt County Public Schools became the first Kentucky school district to sue e-cig manufacturers and distributors this month, specifically JUUL, for “falsely” marketing to teenagers. As a result, the district “believes it is entitled to compensation for its efforts and resources to combat vaping by its students,” according to the lawsuit.
Fayette County Public Schools in Lexington and Jefferson County Public Schools in Louisville have also since filed similar suits. More districts are expected to follow, lead Louisville-based attorney Ron Johnson said. On Monday in Lexington, a panel of school officials and health experts convened to discuss the perils of vaping and mobilize a response to the epidemic.
At that meeting, Fayette County Public Schools’ Health Services Coordinator Debbie Boian called vaping an “epidemic” that cropped up “almost overnight.”
Wheatley on Friday said his bill could provide immediate relief: “Schools need help, and we can help them right away with a ban on flavors.”
