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Kentucky vape retailers plan to appeal the dismissal of their challenge to a 2024 state ban on selling some vaping roducts.

A Franklin Circuit judge in late July dismissed their lawsuit challenging the 2024 law.

Greg Troutman with the Kentucky Smoke Free Association, which represents vape retailers, filed a notice of appeal Tuesday with the Kentucky Court of Appeals.

Troutman, on behalf of the retailers, had sued Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control and Secretary of State Michael Adams, arguing the new law did not pass constitutional muster. 

In a July 29 opinion, Franklin Circuit Judge Thomas Wingate disagreed. He dismissed the challenge, saying the law did not violate the state Constitution. 

House Bill 11, which passed during the 2024 legislative session, goes into effect Jan. 1. Backers of the legislation said it’s a way to curb underage vaping by limiting sales to “authorized products” or those that have “a safe harbor certification” based on their status with the U.S. Food and Drug Administration (FDA). 

Opponents have said it will hurt small businesses, lead to a monopoly for big retailers and could drive youth to traditional cigarettes. 

Altria, the parent company of tobacco giant Phillip Morris, lobbied for the Kentucky bill, according to Legislative Ethics Commission records. Based in Richmond, Virginia, the company is pushing similar bills in other states. Altria, which has moved aggressively into e-cigarette sales, markets multiple vaping products that have FDA approval.