Utah’s Flavored Vape Ban Remains as Repeal Attempt Fails in House

Utah’s ban on flavored vapes and e-cigarette juice, currently tied up in court, will remain on the books after lawmakers failed to pass a repeal during a House floor debate on March 4, 2025. The ban, implemented in 2023, was blocked after the Utah Vapor Business Association won a restraining order.

Republican Rep. Matt MacPherson proposed HB432 as a way to resolve the lawsuit and increase regulations, fees, and fines for retail tobacco specialty businesses caught breaking the law. He argued that his bill would do more to address youth vaping than a blanket ban by implementing stricter industry regulations and cracking down on unauthorized vape sales.

• Read more: Federal Judge Delays Utah’s Flavored Vape Restrictions

During the floor debate, Republican Rep. Kristen Chevrier offered a substitute motion that would remove the language targeted by the lawsuit, put the nicotine percentage back to 4%, remove flavors, and include a five-year sunset review. Chevrier’s substitute aimed to address the Utah Vapors Business Association‘s argument that the ban violates the Fourth Amendment by allowing warrantless searches.

MacPherson considered Chevrier’s motion a “hostile substitute,” stating that it prioritized a political statement over real tools, resources, and enforcement. Democratic Rep. Jen-Daily Provost favored the substitution, arguing that banning flavors is the most effective way to prevent kids from vaping.

• Read more: Utah’s Flavored Vape Ban and Lawsuit Could End with New Bill

Later in the debate, MacPherson offered another substitute that would only allow flavors under review by the U.S. Food and Drug Administration (FDA) and create a registry of vapes allowed for sale in the state. Daily-Provost argued that the FDA’s premarket tobacco application isn’t enough to make flavored vapes legal, as it only means the administration has enough information to begin researching whether a product should be marketed.

Republican Rep. Ray Ward, a doctor, expressed concerns about the addictive nature of vaping, particularly among adolescents, stating that these products are one of the most effective ways of getting new people hooked on nicotine.

The bill ultimately failed on the final House floor vote, with 22 in favor and 47 against. As a result, Utah’s ban on flavored vapes and e-cigarette juice will remain in place, pending the outcome of the ongoing lawsuit.

The debate surrounding the repeal attempt highlights the complex issues lawmakers face when balancing public health concerns, particularly youth nicotine addiction, with the interests of the vaping industry and adult consumers.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

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