Utah’s Flavored Vape Ban and Lawsuit Could End with New Bill
Proposed Bill Aims to End Lawsuit, Increase Enforcement, Fund Anti-Vaping Efforts
The fate of Utah’s flavored vape ban, which was signed into law by Gov. Spencer Cox in 2024 but blocked from taking effect by a district court judge, now hinges on the passage of HB432. Sponsored by Republican Rep. Matt MacPherson, the bill would repeal the ban while implementing stricter enforcement measures to combat youth vaping.
If approved, the lawsuit brought against the state by the Utah Vapor Business Association would be dropped, potentially saving the state $500 million according to MacPherson. The representative argues that the bill would prevent the shutdown of nearly 200 small businesses, respect adults’ freedom to choose legal products, and uphold the state’s principles of small government.
MacPherson believes that banning flavored vapes does not address the core issue, especially as youth vaping rates have decreased. Instead, he proposes better regulation of retail tobacco specialty businesses, which are permitted to sell flavored vapes and other nicotine products.
HB432 would introduce several significant changes to the industry, including:
- Creating a new handling permit for retail tobacco specialty businesses, with mandatory training for employees
- Requiring ID scans and prohibiting anyone under 21 from entering tobacco specialty businesses
- Installing surveillance to capture point of sales and aid law enforcement in identifying illegal distribution to minors
- Increasing criminal penalties for distributing nicotine products to someone under 21 and harsher punishments for stores caught selling to underage individuals
- Raising the annual licensing fee for tobacco specialty businesses from $30 to $3,000 to fund compliance enforcement
- Implementing a 2.5% tax on flavored vape products to support school lunches, anti-vaping education, and enforcement
- Mandating radio-frequency identification (RFID) on vape products to help track purchases
While MacPherson acknowledges the bill is a trade-off, he believes it would create a “gold standard” regulatory environment for vaping in Utah, ending the legal battle, increasing funding for enforcement, and providing millions for anti-vaping research and campaigns.
However, some lawmakers remain skeptical of the bill. Republican Rep. Jim Dunnigan expressed concern about repealing the nicotine limit, while Republican Rep. Jefferson Burton worried that allowing all nicotine flavors would encourage kids to try vaping.
Despite these concerns, HB432 advanced out of committee in an 8-6 vote and now heads to the House for a full debate. The outcome of this legislation will have significant implications for Utah’s approach to regulating flavored vapes and combating youth vaping.
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