A federal judge has granted a temporary restraining order against the State of Utah, delaying the implementation of restrictions on flavored e-cigarettes that were set to take effect on January 1, 2025. The order, issued by Judge David Barlow on Monday, December 30, 2024, comes in response to a complaint filed by the Utah Vapor Business Association against the state and other entities.
The restrictions, outlined in Senate Bill 61 "Electronic Cigarette Amendments," were introduced in the 2024 legislative session and signed by Governor Spencer Cox in March. The bill aimed to outlaw the sale of flavored vape products, including those that taste or smell like fruit, candy, desserts, alcohol, herbs, or mint, as well as any vape product not authorized by federal officials.
Complaint Argues Unconstitutionality and Negative Impact on Businesses
The Utah Vapor Business Association filed a 68-page complaint on December 12, 2024, seeking to declare the enforcement provisions of S.B. 61 unconstitutional and enjoin their enforcement. The plaintiffs argue that the availability of flavored e-cigarettes is already limited and closely monitored, as they are only legally available at retail tobacco specialty businesses.
The complaint further contends that banning flavored e-cigarettes will lead to Utahns smoking more harmful combustible cigarettes, obtaining flavored e-cigarettes out of state, or turning to the black market. It also claims that members of the Utah Vapor Business Association, including tobacco retailers, would lose "the overwhelming majority" of their business if prohibited from selling flavored vape products.
Briefing and Hearing Schedule to Be Set
As part of the temporary restraining order, the State of Utah will not be able to enforce the provisions of S.B. 61 until a decision is made on the December 12 filing. Additionally, manufacturing, distributing, or selling e-cigarette products that are not on the registry of the Utah State Tax Commission will not be considered a violation of the law until a decision is reached.
The court has stated that a briefing and hearing schedule will be set for the plaintiffs' initial complaint, and the order is intended to preserve the status quo of Utah law as of December 31, 2024, regarding flavored electronic cigarette products and the nicotine content of electronic cigarette products.
- Read more: Utah Bill Would Ban Sale of Flavored Vapes
Governor Cox Signs Bill Banning Flavored Vape Products
Despite the ongoing legal battle, Governor Spencer Cox signed Senate Bill 61 into law on Wednesday, which would ban the sale of flavored vape products in Utah starting January 1, 2025. The bill, sponsored by State Senator Jen Plumb, D-Salt Lake City, aims to curb the epidemic of teen vaping by targeting flavors such as fruit, candy, dessert, alcoholic beverages, spice, or mint. Menthol and tobacco flavors will still be allowed under the new law.
Senator Plumb, a physician, cited data from the Centers for Disease Control and Prevention reporting that the vast majority of teens who start vaping do so with flavored products, with fruit and other sweet flavors being the most commonly used among this age group. While the bill encountered pushback from some lawmakers and protesters who argued that it would harm specialty tobacco shops and infringe upon adult consumers' rights, Senator Plumb maintained that the legislation was designed to address the growing problem of teen vaping addiction.
As the legal battle over Utah's flavored vape restrictions continues, the vaping industry and public health advocates alike await the court's decision on this contentious issue. The outcome of the case could have significant implications for the future of vaping regulations in the state and potentially set a precedent for similar challenges in other jurisdictions.
