A controversial Kentucky bill could tighten restrictions on stores that sell e-cigarettes and vape products in Kentucky.
Some advocates believe the bill could help keep nicotine out of the hands of minors, while others believe it would punish small businesses.
House Bill 11, which passed the House with a 62-26 vote last week, would create a statewide registry of all retailers that sell nicotine products, implement stricter penalties for retailers that sell to people under 21, and ban retailers from selling products without Food and Drug Administration authorization.
Many small businesses in Kentucky are taking issue with the latter policy, as just three brands of e-cigarettes are currently authorized by the FDA. That means many stores would have the majority of their inventory removed.
Tony Florence, owner of 723 Vapor, has been an outspoken critic of the bill.
"The main focus here is to reduce youth usage, but unfortunately, these bills do not address this because gas stations and convenience stores, which are the habitual violators when it comes to selling to minors, would still be in business while the 21 and up, age-gated vapor stores would close," Florence said.
Omar Nijim, owner of Brooklyn's Finest Smoke Shop in Lexington, is also concerned about the potential consequences if the bill becomes law.
"If you're making a certain amount, you have to subtract 25 to 30 percent [of revenue]. That's just me. But there's people out there that will take out 100 percent. They will be shut down by the end of the year," Nijim said.
He said that his store already has strict policies about only selling to people over 21 years old, and believes legislators should focus on keeping retailers from selling to minors, not regulating the products they sell.
"People are responsible and they can decide what they want to do. If they want to vape, they can vape. They're adults," he said.
Kentucky Youth Advocates have been pushing for stronger regulations on nicotine sales throughout the legislative session.
Alicia Whatley, policy and advocacy director for Kentucky Youth Advocates, believes nicotine retailers must be more accountable.
"We know that any amount of nicotine to the developing brain is going to be detrimental and is not something that we would want any sort of access to for kids," Whatley said.
"Our ask is really to make sure we know who's selling, checking up on them with those regular compliance checks, and have escalating penalties."
Earlier this month, KYA youth ambassadors testified to the House Health Services Committee in support of House Bill 11.
"I personally have a congenital heart defect and by being around the vapor from these products, my heart health and my well-being is put at risk," Mallory Jones, a high school student from Winchester, told the committee.
KYA is hoping state legislators will consider amending the bill to also include regular compliance checks for retailers.
The bill is now in a Senate committee. A similar bill, Senate Bill 344, is also moving through the state Senate.
The Kentucky legislative session ends on April 15.
