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Gov. Spencer Cox signed Senate Bill 61, or the Electronic Cigarette Amendments, into law on March 20, which updates policies within the state regarding the production and sale of nicotine products. This update follows a rise in teen usage of e-cigarettes, with some schools reporting that students have been matching their cologne with their vape flavor to hide the smell.

This bill increases the regulations required for the sale of electronic cigarettes and prohibits the sale of cigarette products that have not received market authorization from the Food and Drug Administration. It also creates a nicotine limit for these products while prohibiting the sale of flavored e-cigarette products.

A “flavored product” is described as “an electronic cigarette product that is labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice or mint.” This leaves tobacco or menthol as the only E-cigarette flavors available for sale.

In addition, the bill also creates a registry for e-cigarette products, which requires companies to provide nicotine levels, the name of the product and any flavors that are included.

Violations of these new provisions will result in a $1000 fine for each product being sold that is not a part of this registry along with a $100 fine for each day that the product remains on store shelves. In addition to these monetary penalties, retailers can also have their licenses suspended for continued infractions.

The bill was introduced by State Sen. Jen Plumb, who has stated that the bill is not meant to put vape shops out of business. However, she has stated,” Businesses are going to have to change their models if we take flavors out.”

Within the Castle Country Area, there is only one specialty vape shop, that being the Carbon Vape Company. When asked for comment on what impact the implementation of this law could have on the shop, representatives declined to comment.

The Utah Vapor Business Association has been outspoken about the bill and the potential harm that may come to specialty shops across the state. In a promotional video, Brendon Gunn, a UVBA board member states,” This bill deprives adults of their freedom to choose tobacco alternatives,” adding,” This is blatant government overreach.”

This bill is set to go into effect at the start of the new year on Jan. 1, 2025.

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