The shelves are empty at vape parlors, and consumers are dissatisfied.
“Take some responsibility with your kids,” Jesse Wright said after learning Utah’s ban on flavored vape juices was now in effect. “Not tell me what I can buy and not buy.”
The Utah State Legislature passed a bill last year that is now in effect throughout the state, outlawing the sale of flavored juices by vape establishments. Numerous specialty retailers were compelled to remove their merchandise from the shelves or incur penalties.
“We get an email very, very late on Friday afternoon that basically said the ban is in effect right now,” said Juan Bravo, the owner of VIP Vapors.
He stated that the outcome has been detrimental to his business and that of other vape establishments in the vicinity.
“We’re down to doing a fraction of what we’re doing by selling non-vapor products. These are vapor establishments. That’s what we do. It’s been legal to do. We have a permit to do it and now they’re pulling 95% of our revenue off our shelves,” he said.
By prohibiting the sale of flavored vape liquids, the legislation was intended to reduce the prevalence of vaping among young people. The Utah Vapor Business Association filed a lawsuit against the prohibition, contending that it would have a detrimental impact on businesses and even adults who are legally permitted to purchase such products. A portion of the law that permitted surprise inspections was invalidated by a federal magistrate; however, the prohibition of flavored vape juice was permitted to remain in effect. The association has filed an appeal and requested an injunction to prevent the prohibition.
The enforcement action taken by the Utah County Health Department was defended.
“The Utah County Health Department remains committed to protecting the health of our community, especially our youth, from the risks associated with tobacco, electronic cigarette, flavored tobacco, and nicotine product sales. While the state litigation is ongoing, we are enforcing the law in accordance with direction from the state, court rulings, and our mandate to work in the best interests of public health. We respect the legal process and will continue to fulfill our responsibilities while the matter is resolved,” the agency said.
According to the Department of Health & Human Services of Utah, enforcement was the responsibility of local health departments. Various health departments throughout the state were managing it in a variety of methods. Although all individuals who stated that they were enforcing the ban, some were allowing shops to comply with the prohibition while others demanded the immediate removal of products from the shelves.
Although the law is scheduled to take effect, not everyone is unhappy about it. Pam Holiday, a member of the Washington County Prevention Coalition, characterized the new legislation as a “significant step in public health policy.”
The Utah State Legislature may reconsider the prohibition of flavored vape liquid while the litigation is ongoing. It has been designated as a study item for the interim sessions this summer. The legislature was unable to approve a bill that sought to repeal the ban on flavored vapes due to opposition from social conservatives on Capitol Hill in Utah. Bravo stated that businesses similar to his have expressed their willingness to comply with more stringent regulations that permit the sale of flavored vape juices; however, legislators have yet to take this into account.
