As the dust settles from the 2024 General Assembly, several topics continue to grab headlines including the action surrounding youth vaping. The bills passed this session certainly brought this issue to the forefront but left more questions than answers about the impact for youth in Kentucky.  

What did Kentucky Youth Advocates prioritize on youth vaping in 2024?  

As we continue to see the negative impacts of nicotine products on young people and increased concern among schools, parents, and communities, KYA has been seeking solutions that will reduce the initiation of youth nicotine use and support cessation. The Blueprint for Kentucky’s Children prioritized meaningful enforcement of the tobacco-21 law to keep nicotine products, including vapes, out of the hands of kids. This included three main components: a comprehensive database of tobacco and nicotine retailers, regular compliance checks, and significant penalties for selling to those underage.  

In addition, the current tobacco and nicotine use rates among youth and adults in Kentucky are above the national average, pointing to a need for robust prevention and cessation support. KYA advocated for an increased investment in prevention and cessation programming in the biennial state budget to help youth and adults who want to quit and fund programs that help prevent initiation.  

KYA also prioritized the General Assembly designated dollars coming into the state from a settlement with vape giant JUUL be used for cessation resources for youth who have become dependent on nicotine.  

What legislative action happened? 

HB 11 was a clear priority among many legislators and gained bipartisan support as it moved through the House. This bill, in its original form, included two of the components outlined above to help address underage sales in retail stores – a comprehensive database of retailers and stiff penalties for those who violate the law. Although it did not have regular compliance checks included, the bill represented a step in the right direction when it passed the House floor with a vote of 62-26.  

Once in the Senate, the bill picked up a last-minute amendment that added some provisions of SB 344, a product registry bill aimed at regulating which products are allowed on Kentucky shelves. In addition to these changes, the sections addressing youth sales were weakened, narrowing the retailers required to be listed in the database and lowering the fees associated with violations – and still no regular compliance checks. The amended version of HB 11 was ultimately passed and signed into law by Governor Beshear.  

On the budget side, more disappointment followed as HB 6 passed with a slight cut to prevention and cessation funding in the first year and returning to the current funding level in the second year of the biennium. Despite bills being filed in both chambers to allocate JUUL settlement dollars – SB 335 and HB 813 – neither bill saw any movement and these funds will be absorbed into the state general fund with no clear direction for their use.  

In addition to bills aiming to regulate the retail sector, efforts were made to address vaping in schools, a rapidly increasing problem across the Commonwealth. HB 142 ensures all Kentucky schools adopt a vape-free campus policy and provide tobacco and nicotine education to each student. This bill also requires schools to adopt a discipline policy for vaping incidents, including confiscating products and providing cessation resources to students and their families. The bill ultimately leaves additional discipline actions up to local school boards but does require data collection on these incidents that will be reported to Kentucky Department of Education (KDE).   

What’s the impact and what’s next?  

Despite the widely accepted premise that youth vaping is a major concern for Kentucky, the General Assembly fell short of taking action that could move the needle on this issue. Questions remain about the effectiveness of HB 11 and certainly the impacts will not be realized for several months, if not years, as regulations are written, and implementation takes place.  

To comply with HB 142, school boards will soon be tasked with adopting policies for discipline when vaping incidents occur, an important opportunity to help students who are struggling with nicotine addiction and err on the side of support over harsh punishments. Over the next few school years, the data collection required by the bill will start to illustrate trends and opportunities for continued work to fight this issue in our schools.  

The lack of investment in prevention and cessation programming leaves local health departments and other offices doing this work in a difficult position and might result in fewer programs being offered as funds diminish.  

What we do know is that Kentucky kids are still being targeted by big tobacco and big vape companies, becoming dependent on nicotine, and suffering health and social consequences because of it. And more work remains to be done.