Nearly all flavored vape products are now officially banned in Utah following a federal judge's ruling on Monday, March 24. The decision marks a significant moment in the ongoing lawsuit against the state's new e-cigarette law.
The law, which initially aimed to enforce the flavored vape ban starting in January 2025, had been put on hold when a temporary restraining order was granted in late December 2024. However, Judge David Barlow issued a preliminary injunction this week, stating that Utah's proposed inspection program might violate the Fourth Amendment rights of vapor businesses. As a result, the inspection program has been temporarily halted.
Despite this, Judge Barlow confirmed that other aspects of the law, including the flavor ban, could now be enforced.
Key Aspects of the Ban
Utah’s Senate Bill 61, known as the "Electronic Cigarette Amendments," passed in 2024, bans all flavored e-cigarettes, with the exception of tobacco and menthol flavors. The bill also establishes an online registry managed by the Department of Health and Human Services (DHHS), requiring all e-cigarette products and their respective nicotine levels and flavors to be registered.
Retailers who sell unregistered products can face heavy fines: up to $1,000 per unregistered product and $100 per day for products that remain unregistered on store shelves.
Although the inspection program has been temporarily blocked, Utah's flavor ban is now in full effect, significantly impacting the state's vaping industry.
