Kentucky Improves DTC Law

The Kentucky General Assembly has passed, and the Governor has signed, HB 415. The new law was enacted in order to correct flaws in the original DTC law, and to undo various effects of regulations that had been adopted to implement the original law. Of primary consequence is the explicit authorization of the use of fulfillment houses for DTC, removal of the requirement for brand registration for DTC products, and a simplification of the application process (less information will be required, and alternating proprietorships should no longer be excluded). The law is effective immediately and the ABC has said that it will not enforce conflicting regulations during the period intervening between now and the adoption of new, simpler regulations that conform to the new law.