Written by 
NOTE: A lawsuit represents only one side of a story.
SALT LAKE CITY (ABC4) — A federal judge granted a temporary restraining order against the State of Utah, delaying restrictions on flavored e-cigarettes until the court makes a decision on a complaint filed against the state and other entities by the Utah Vapor Business Association.
On Monday, Dec. 30, Judge David Barlow granted the restraining order, which will delay the restrictions that were set to go into effect on Wednesday, Jan. 1, 2025. The restrictions were scheduled to take effect on Jan. 1 in Senate Bill 61, “Electronic Cigarette Amendments” — introduced in the 2024 legislative session and signed by Gov. Spencer Cox in March.
The Electronic Cigarette Amendments outlaw the sale of flavored vape products — including products that taste or smell like fruit, candy, desserts, alcohol, herbs, or mint, and more — and would outlaw the sale of any vape product not authorized by federal officials.
Documents said a briefing and hearing schedule would be set for the plaintiffs’ initial complaint, which was filed on Dec. 12.
One of the terms of the restraining order is that the State of Utah will not be able to enforce the provisions of S.B. 61 until a decision is made on the Dec. 12 filing.
The other term for the restraining order is that manufacturing, distributing, or selling e-cigarette products that aren’t on the registry of the Utah State Tax Commission will not be a violation of the law until a decision is made on the filing.
“This Order is intended to, and shall, 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,” court documents said.
Background
The Utah Vapor Business Association (UVBA) and The Smoke House are listed as the plaintiffs in the Dec. 12 complaint. Defendants include the State of Utah, Gov. Cox, Attorney General Sean Reyes, the Utah Department of Health and Human Services, and other entities in Utah.
“This is an action to declare unconstitutional and enjoin the enforcement provisions of Senate Bill 61 […] which will prohibit the sale of flavored vape in the State of Utah,” the 68-page complaint reads.
The complaint argues that the availability of flavored e-cigarettes is already “limited and closely monitored” because they are only legally available at retail tobacco specialty businesses.
The complaint argues that banning flavored e-cigarettes will lead to Utahns “smoking more harmful combustible cigarettes, forced to obtain flavored e-cigarettes out of state, or turn to the black market to obtain flavored e-cigarettes.”
The Centers for Disease Control and Prevention said that e-cigarettes were the most common nicotine product used by middle and high school students in 2024. The complaint argues that e-cigarette use among youth in Utah is “at its lowest levels in a decade.”
The complaint also argues that, should S.B. 61 go into effect as planned, members of the UVBA (including tobacco retailers) would lose “the overwhelming majority” of business if prohibited from selling flavored vape products.
The complaint continues on to discuss the history of other legislation regarding tobacco and vape products in Utah.
The plaintiffs ultimately argue that the flavor ban is preempted by the FDA’s Tobacco Control Act. It’s also argued that the ban would subject retailers to searches and seizures that violate the Fourth Amendment.
Plaintiffs also argue that the ban violates Utah’s Administrative Rulemaking Act, in regards to enacting rules by the DHHS, in addition to saying the ban would violate the Takings Clause of the Fifth Amendment.
Sorina Trauntvein contributed to this report.