Office of Utah Attorney General Protects Kids From Tobacco Harms

Utah is now able to enforce its law banning flavored electronic cigarettes, thanks to the work of Office of the Utah Attorney General (OAG). This law was passed to help prevent children from developing a lifelong addiction to nicotine.  

The law, known as the Electronic Cigarette Amendments, was signed into law in March 2024. The Utah Vapor Business Association and The Smoke House sued the state and asked a judge to block the state from enforcing the law.  

A federal judge issued a ruling yesterday upholding Utah’s ban of flavored vape products. Attorney General Derek Brown celebrated this decision in a statement.

“I am thrilled that Utah will now be able to better protect children from the harms of tobacco. Our attorneys have worked tirelessly on this case to defend Utah’s law, and I am confident their advocacy moving forward will continue to be excellent,” said AG Brown. “Their work is crucial in preventing kids from getting hooked on nicotine.”

E-cigarettes or vapes are the most commonly used tobacco products among youth in the U.S., according to the Center for Disease Control and Prevention. The CDC says no tobacco products are safe, especially for children and teens. Nicotine, found in most e-cigarettes, is highly addictive and it can be harmful to adolescent’s brains.

Among the middle school and high school students using e-cigarettes, 87.6% of them used flavored e-cigarettes. The CDC said the availability of flavored vape products like fruit and candy is a significant reason why youth begin using e-cigarettes.

The judge’s ruling lets Utah enforce its law banning the sale of electronic cigarette products that do not yet have Food and Drug Administration (FDA) approval or are pending market authorization from the FDA. It also allows the state to ban the sale of flavored electronic cigarette products.

Part of the law will be blocked as proceedings move forward. Utah created an Inspection Program permitting local health departments to look at the books, papers, and records of electronic cigarette retailers without first obtaining a warrant to ensure businesses were complying with the law.

Though the judge blocked the warrantless search provisions, he said the other provisions in the law “provide a comprehensive program for regulating electronic cigarettes and punishing retailers that sell banned products.” The state still has other options to enforce the law, including undercover operations and obtaining warrants.

This ruling does not mark the end of the case, but it is a significant legal victory for Utah. The state is committed to defending its laws and protecting Utah’s children.