Kentucky judge dismisses constitutional challenge to anti-vaping law Commonwealth Journal’s History
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Franklin Circuit Court Judge Thomas Wingate has dismissed a lawsuit challenging the constitutionality of a 2024 law banning the sale of some vaping products.
In doing so, Wingate sided with the lawsuit’s defendants — Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control, and Secretary of State Michael Adams — who filed a motion to dismiss.
Greg Troutman, a lawyer for the Kentucky Smoke Free Association, which represents vape retailers, had argued that the law was too broad and arbitrary to pass constitutional muster because it is titled “AN ACT relating to nicotine products” but also discusses “other substances.” The state constitution says a law cannot relate to more than one subject.
In his opinion, Wingate said the law doesn’t violate the state constitution.
The law’s title “more than furnishes a clue to its contents and provides a general idea of the bill’s contents,” he wrote.
