A federal judge in the U.S. state of Utah has ruled that a new vape law is partially in effect, banning almost all flavored e-cigarettes but suspending the inspection program. Retailers fear a ban would boost the black market, while state governments argue it helps protect children from tobacco.
Key points:
1. A U.S. federal judge allowed Utah to enforce its ban on flavored vapes but suspended its search program.
2. Utah’s new law requires retailers to register vape products, with heavy fines for violators.
3. Local businesses worry that the ban will stimulate the black market and increase the risk of youth use.
Flavored vape ban takes effect, Utah federal judge rules
According to ABC4 reported on March 25, 24. A federal judge ruled in an ongoing lawsuit against Utah’s new vaping law that nearly all flavored e-cigarette products have been banned in Utah.
It was supposed to go into effect in early 2025 but was delayed by a judge in late December 2024. On March 24, federal Judge David Barlow granted a preliminary injunction, noting that Utah’s new inspection program could violate the Fourth Amendment rights of vape companies, and ordered the state to put the inspections on hold.
But the judge said the state can now enforce other parts of the statute, including restrictions on flavored vapes.
The E-Cigarette Amendment Act, S.B. 61, passed during Utah’s 2024 legislative session, bans all flavored vape products in the state, exempting only menthol and tobacco flavors. The bill also provides for an online registration system, administered by the Department of Health and Human Services, in which retailers must register their vape products, including the nicotine content and flavor.
If a business or individual sells an unregistered vape product in Utah, they could face a fine of $1,000 per product and $100 per day the product is on the shelves.
The inspection plan is on hold
The bill also creates an inspection program that allows state officials to examine businesses’ books, records, safes, vaults, desks and furniture for illegal products. Surprise inspections are also allowed in case of violations. Judge Barlow has temporarily blocked the plan, but the rest of the law remains enforceable pending a final ruling.
The bill was sponsored by Senator Jen Plumb. Who said it was aimed at reducing nicotine products obtained through flavored vapes, especially among children.
Utah Attorney General Derek Brown said after the judge’s latest order that he was “pleased that Utah can now better protect children from the dangers of tobacco.”
Beau Maxon, owner of a local vape shop, said the ban would “fuel the black market” as consumers look for other ways to buy the products.
Markson, citing SHARP survey data, noted that teen use in Utah has declined since flavored tobacco products were required to be sold only at select retail outlets several years ago. From 2019 to 2023, the number of teens who tried vaping dropped from 18.9 percent to 12.2 percent. The percentage of teens who had used e-cigarettes in the last 30 days also dropped from 9.7 percent to 6 percent.
Maxson believes the ban and the large number of Utah businesses it could cause to close will set back progress.
- “In any case where a product is banned, a black market is created, youth use increases, and traditional combustible cigarette use increases.” I think the state will recognize that they made a big mistake… I fear that by then it will be too late. By the time the state recognized that they had created a problem, it was too late.”
