U.S. Federal Judge Issues Injunction, Delaying Utah's Ban On Flavored E-cigarettes

U.S. federal judge issues injunction, delaying Utah's ban on flavored e-cigarettes

A federal judge in the United States has issued a temporary restraining order, delaying Utah's measures to restrict flavored e-cigarette products until the court rules on the relevant complaints. The ban was originally scheduled to take effect on January 1, 2025, but is now suspended.

According to ABC.4 on December 30, a federal judge in the United States recently issued a temporary restraining order, delaying Utah's restrictions on flavored e-cigarettes until the court rules on complaints against the state and other entities.

Judge David Barlow approved the restraining order on December 30, and the restrictions, which were originally scheduled to take effect on January 1, 2025, will be temporarily postponed in accordance with Senate Bill 61, the E-Cigarette Amendment, which was passed in the 2024 legislative session and signed by Governor Spencer Cox in March.

The E-Cigarette Amendment prohibits the sale of flavored e-cigarette products, and also prohibits the sale of any e-cigarette products not authorized by federal officials.

Under one provision of the injunction, Utah cannot implement S.B. 61 until a ruling is made on the Dec. 12 lawsuit. Another provision specifies that until a ruling is made, it will not be illegal to manufacture, distribute, or sell e-cigarette products that are not authorized by the statute.

The Utah Vapor Business Association and The Smoke House are listed as plaintiffs in the Dec. 12 complaint, which also names the state of Utah, Gov. Cox, Attorney General Sean Reyes, the Utah Department of Health and Human Services, and other entities in the state.

The lawsuit alleges that the supply of flavored e-cigarettes is already "limited and strictly controlled" because they are only legally sold in retail tobacco specialty stores. The plaintiffs argue that a ban on flavored e-cigarettes will cause Utahns to "smoke more harmful combustible cigarettes or be forced to obtain flavored e-cigarettes from out of state or on the black market," and that tobacco retailers will lose "the vast majority" of their business.

The plaintiffs also believe that the ban not only conflicts with federal law, but may also violate civil rights protected by the Constitution.