Skip to main content
Find a Lawyer

Kentucky Revised Statutes Title XL. Crimes and Punishments § 438.308.Duties and responsibilities of manufacturers of nicotine vapor products

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A manufacturer of nicotine vapor products shall:

(a) Only sell authorized nicotine vapor products;

(b) Provide information necessary to establish its product meets the definition of an authorized nicotine vapor product as defined in KRS 438.305 directly to a wholesaler or retailer distributing or selling the manufacturer's product in accordance with paragraph (d) of this subsection;

(c) Comply with paragraph (b) of this subsection by providing:

1. Proof of authorization by the FDA;

2. A copy of the first page of the communication from the FDA reflecting an acceptance for review or the submission tracking number; or

3. If an appeal is pending, a copy of the first page of the document filed with the applicable agency or court;

which may be provided and maintained in hard copy or electronic form; and

(d) Provide the information from paragraph (b) of this subsection directly to a:

1. Kentucky-licensed wholesaler that the manufacturer is utilizing to distribute its product; or

2. Retailer if the manufacturer is not utilizing a Kentucky-licensed wholesaler to distribute its product.

(2) If the FDA or a court of competent jurisdiction takes final action that removes an authorized nicotine vapor product from the market, the manufacturer shall provide notice of the final action to any wholesaler or retailer that has purchased the vapor product from the manufacturer within thirty (30) days of the final action being taken.

(3) A manufacturer that fails to provide the information required in subsection (1) of this section or provides false or misleading information to retailers or wholesalers violates this section and shall be subject to a fine of:

(a) Twenty-five thousand dollars ($25,000) for a first citation issued for a violation of this section;

(b) Fifty thousand dollars ($50,000) for a second citation issued for a violation of this section; and

(c) Seventy-five thousand dollars ($75,000) for a third or subsequent citation issued for a violation of this section.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Kentucky Revised Statutes Title XL. Crimes and Punishments § 438.308.Duties and responsibilities of manufacturers of nicotine vapor products - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xl-crimes-and-punishments/ky-rev-st-sect-438-308/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard