Kentucky Flavored Tobacco Sales and Local Authority

Kentucky does not prohibit flavored tobacco, menthol cigarettes, or flavored vapor products under KRS Chapter 438. Sales are governed by general age, licensing, and tax requirements. Local boards of health retain limited authority to regulate certain tobacco-related public health matters, but firearms-style preemption is not codified for tobacco; recent legislation (HB 11 in 2024) directed the Department of Revenue to maintain a directory of authorized vapor products and limit retail sales to FDA-authorized or grandfathered products, narrowing flavor availability indirectly.

Sale of unauthorized vapor products outside the state directory is subject to civil penalties under KRS 138 and KRS 438, including loss of retail certification.