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Kentucky

               

Brief Overview

The US Food and Drug Administration (FDA) classifies e-cigarettes and all related products as tobacco products. They regulate the sale, advertising, promotion, distribution, manufacture, import, packaging and labeling of e-cigarette products based on the laws set forth in the Tobacco Control Act and the Food, Drug, and Cosmetic Act (FD&C Act).

Kentucky has limited smoke-free laws, and e-cigarette use is only prohibited in buildings, land and vehicles owned, leased or contracted for state use. This includes certain health care facilities, veterans’ facilities, state parks, fairgrounds and highway rest areas. It is assumed that ‘No Smoking’ signage outside of these areas does not apply to e-cigarette use.

There are a large number of e-cigarette stores to be found throughout Kentucky, mainly in Florence, Dayton, and Louisville, with a number also to be found throughout most other areas of the state.

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All Laws & Regulations

Use of electronic cigarettes and vaping devices prohibited on any and all properties owned or operated by the Executive branch, including buildings, land and vehicles owned, leased or contracted for state use. Includes certain health care facilities, veterans’ facilities, state parks, fairgrounds and highway rest areas. Ky. Exec. Ord. 2014-747

Use of electronic cigarettes prohibited in courtrooms and hallways of Hardin District Court: Ky. R. Hardin District Court, Rule 15.01 (2017)

Kentucky state e-cigarette related laws: Ky. Rev. Stat. Ann. § 438.305(9) (2017)

Sale of vapor products or alternative nicotine product to persons under age 18 prohibited: Ky. Rev. Stat. Ann. §§ 438.310(1) and 438.315(1) (2017)

Purchase of vapor products by persons under age 18 prohibited: Ky. Rev. Stat. Ann. §§ 438.311(1) and 438.315(2) (2017)

Possession/use of vapor products or alternative nicotine products by person under age 18 prohibited: Ky. Rev. Stat. Ann. § 438.350(1) (2017)

Distribution of free vapor products to persons under age 18 years prohibited: Ky. Rev. Stat. Ann. § 438.313(1) (2017)

Vending machines must be inaccessible to persons under age 18 or in line of sight of cashier: Ky. Rev. Stat. Ann. § 438.315(3) (2017)

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Review Status

This country’s legal measures were reviewed by our staff. No in-country lawyers or tobacco control experts reviewed our analysis.

Relevant Links & Articles

Tobacco Control Laws: https://www.tobaccocontrollaws.org/legislation/country/united-states/summary

World Health Organization Tobacco Report: http://www.who.int/tobacco/surveillance/policy/country_profile/usa.pdf?ua=1

Tobacco Atlas Information: http://www.tobaccoatlas.org/country-data/united-states/

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