Kentucky Highlights

Tobacco use remains the leading cause of preventable death and disease in the United States and in Kentucky. To address this enormous toll, the American Lung Association calls for the following actions to be taken by Kentucky's elected officials:

Signed into law by Kentucky Gov. Andy Beshear in the 2024 legislative session, House Bill 142 requires local boards of education to provide evidence-based tobacco prevention materials and schools to confiscate vape products and provide cessation information for first and second offenses. Prior to its passage, the bill was amended in the Senate to provide that third and subsequent offenses may - instead of shall - result in in-school or out-of-school suspension reducing harsh penalties on kids.

Also during the 2024 session, the Lung Association and partner organizations led a strong effort to pass tobacco retail licensure legislation working closely with the University of Kentucky’s youth education program, #iCANendthetrend. The bill, House Bill 11, originally included language to create a database of retailers that sell nicotine products along with regular compliance checks and escalating penalties for retailers that repeatedly violate underage sales laws for nicotine products.

Two days prior to the legislature’s adjournment, the tobacco industry was successful in advancing a Senate committee substitute to HB 11 that passed through both chambers which substantially amended the bill. While the Lung Association remained neutral on the final bill language, it led partner organizations in a statement calling the final registry bill outcome a failed opportunity to protect Kentucky kids from underage sales of nicotine products. The law is scheduled to take effect in January 2025 subject to ongoing litigation.

At the local level, as of October 1, 2024, 60 communities had enacted and implemented ordinances that restrict smoking in public places and workplaces. Forty-four smokefree ordinances are comprehensive, covering 38.7% of Kentucky’s population. Forty-two of the 60 ordinances prohibit use of e-cigarettes in the same public places and/or workplaces.

Following a months-long battle in 2024 during which partners mounted a robust campaign – including a local petition and radio campaign led by the Lung Association - the Campbellsville City Council became the first community in Kentucky to weaken their 15-year-old comprehensive smokefree law. They voted 9-3 to allow smoking inside businesses that prohibit entry to patrons under 21 and that sell tobacco products.

Conversely, Louisville took action in 2024 to further clarify its zoning ordinance with clearer definitions and to ensure stronger compliance to Land Development Code requirements related to tobacco retailers.

As the legislature begins its work in 2025, the American Lung Association will leverage increased awareness and education among lawmakers from HB 11 as well as the award-winning youth-led education program to push for more policies to prevent and reduce tobacco use.