Utah's Flavored Vape Ban: A Step Toward Public Health or a Blow to Businesses?

by Jacob Rueda

On March 24, a ban on flavored vape juices and e-cigarette products went into effect in Utah. The law, passed last year as Senate Bill 61, had been delayed for months due to legal challenges. 

The Utah Vapor Business Association (UVBA) filed suit over a provision allowing state inspections of vape shops without a warrant, calling it unconstitutional. In March, a district judge ruled that enforcement could proceed once the provision was removed; lawmakers promptly did so, triggering the ban that same day. 

The law’s stated goal is to reduce youth access to flavored nicotine products, which lawmakers argue are marketed to children. Public health advocates have praised the move, while industry groups said the ban hurts businesses and adult consumers without effectively helping children or teens.

The ban forced stores to comply with new restrictions—only tobacco and menthol flavors are permitted—or find other ways to survive. Some, like Peak Vapor in Taylorsville and The Vapor Vault in Ogden, shifted to selling THC products and glassware, while others shut down entirely.

Whether stores closed or not, many were forced to reduce hours, cut staff schedules, or lay off employees entirely as a result of the ban.

At Peak Vapor, customers were still processing the changes. One customer stormed out, muttering, “This is bullshit.” Others said they planned to travel out of state for their preferred products. Some shop owners worry the crackdown will push adult consumers to unregulated sources.

“You've got a lot of individuals who are purchasing these products in bulk and they're facilitating black market sales,” said Beau Maxon, a business owner and vice chair of the Utah Vapor Business Association.

Peak Vapor in Taylorsville was one of few stores who changed from selling vapes to selling THC and related products. They've also had to let go of staff as a result of the March 24th vape ban. Photo by Jacob Rueda

According to data reviewed by Reuters, sales of unauthorized flavored disposable vapes in the U.S. reached an estimated $2.4 billion in 2024, making up roughly 35% of e-cigarette sales in mainstream outlets like convenience stores and supermarkets. 

That figure is a decrease from $3.2 billion in 2023. However, despite the FDA's crackdown on imported brands like Elf Bar and Esco Bars, other brands have filled the gap. Maxon, who owns four vape shops from Park City to Springville, said that even with the ban, people will still get their hands on black market products one way or another.

That concern isn’t limited to retailers. Representative Matt MacPherson, a Republican member of the Utah House of Representatives who proposed alternative legislation before the ban took effect, looked into how youth were accessing vape products.

“I went and interviewed a handful of principals at schools, elementary schools, junior high schools, and high schools to ask them where the kids are getting their vaping products,” he said, “And the number one place that principals told me [kids] were getting it was from Snapchat. It was just online, usually through a stranger.”

Republican House Member Matt MacPherson found that kids were mainly getting vapes through online sources like Snapchat, not retail tobacco specialty businesses (RTSB) like vape shops.

Working with the state attorney general’s office, law enforcement, and public health authorities, MacPherson said most products were either being bought online or brought in across state lines, not purchased at retail tobacco specialty businesses (RTSB). 

“The idea that these products all originate originally from an RTSB, one of these retail tobacco specialty shops, was just false. And we traced this information. We talked to the attorney general.” he said.

During the last legislative session, MacPherson ran House Bill 432, an alternative to SB 61. MacPherson’s bill would have allowed for the continued sale of flavored vapes but with conditions.

In HB 432, there would still be a nicotine cap and a registry for products, similar to SB 61. However, additional regulations would include fees and fines for manufacturers, distributors, and wholesalers who violate the rules.

“We even had a section in there for an interdicted person,” MacPherson said, “If you had been convicted of selling or distributing a nicotine product to a minor, you could get interdicted and you would not be able to purchase that product legally for yourself in the state of Utah.”

HB 432 failed in the House by a vote of 22 to 47. Maxon, who has worked with Rep. MacPherson and other lawmakers on Utah’s Capitol Hill, said the UVBA will appeal the ban.

Nationally, vape businesses generated over $100 billion in tax revenue in 2023, according to the Vapor Technology Association, a Washington, D.C.-based advocacy group for vape users and businesses.

Vape businesses in Utah alone generated more than $42 million in tax revenue and contributed over $107 million dollars to the state’s economy the same year. Maxon called the legislature's decision to ban flavored vapes and e-cigarette products a mistake.

“The state's going to miss out on the tax revenue, and they're going to put adult consumers in harm's way by not allowing these consumers to have access to regulated products,” he said.

See the full interview with Beau Maxon and Rep. Matt MacPherson below.