Pending a court ruling on the complaint, a U.S. federal judge issued a temporary injunction delaying Utah’s implementation of restrictions on flavored vape brands. The ban, which was due to take effect on January 1, 2025, has now been suspended.
U.S. federal judge issues injunction
A federal judge issued a temporary injunction delaying Utah’s restrictions on flavored vapes until the court rules on complaints against the state and other entities.
Judge David Barlow’s injunction was granted on December 30, and the restrictions, which were scheduled to take effect on January 1, 2025, will be temporarily delayed under the vape Amendment Act. Senate bill approved by Governor Spencer Cox in the 2024 legislative session and signed into law in March.
Utah flavored vape ban delayed
The Vape Amendment prohibits the sale of flavored vape brands that are not authorized by federal officials, as well as the sale of any vape brand.
According to a provision in the injunction, Utah cannot implement S.B. 61 until the lawsuit is decided on December 12. Another provision explicitly states that before the ruling was issued, the manufacture, distribution, or sale of vape brands without the authorization of the regulations would not constitute a violation of the law.
The Utah Vapor Business Association and The Smoke House are listed as plaintiffs in the Dec. 12 complaint. The lawsuit includes the state of Utah, Governor Cox, Attorney General Sean Reyes, the Utah Department of Health and Human Services, and other entities in the state.
The lawsuit alleges that the supply of flavored vapes is only legally sold at retail tobacco specialty stores and is therefore “limited and strictly monitored.” The plaintiffs argued that banning the sale of flavored vapes would result in Utahns “inhaling more harmful combustible tobacco or being forced to obtain flavored vapes from other states or through the black market.” In addition, cigarette retailers would lose “most” of their business.
The plaintiffs also argued that the ban not only conflicts with federal law but could also violate constitutionally protected civil rights.
