Utah’s flavored vape ban remains in force after lawmakers failed to pass a repeal measure on the House floor on March 4. The current ban, enacted in 2023 and now tied up in litigation, was initially blocked by a restraining order secured by the Utah Vapor Business Association.
Rep. Matt MacPherson introduced HB432 with the goal of repealing the flavored vape prohibition while imposing stricter regulations, higher fees, and fines on retail establishments that violate the law. MacPherson argued his proposal would better address youth vaping by targeting unauthorized sales rather than enforcing a blanket ban.
During the floor debate, Rep. Kristen Chevrier offered a substitute motion. “My substitute removes the language that the lawsuit is focused on,” she said, adding that her version would restore the nicotine concentration to 4%, eliminate flavors, and include a five-year sunset review to assess the policy’s effectiveness.
MacPherson criticized Chevrier’s motion, calling it “an unfriendly substitute” and “a hostile substitute.” “What this substitute bill does is simply says we would rather have a political statement than any real tools, any resources or any enforcement that will get to the actual meat of this argument,” he told his colleagues.
Rep. Jen-Daily Provost supported the substitute, stating, “This is a predatory industry that knows that it needs to addict children to nicotine in order to maintain its long-term viability, and it knows that having flavors is a way to do this. The most effective way to prevent kids from vaping is to get rid of flavor. Full stop.”
MacPherson later proposed an alternative that would permit only flavors approved under a Premarket Tobacco Application review by the FDA, raise the nicotine level to 5%, and create a registry of legally sold vapes. However, his proposal did not secure enough votes, and the bill was defeated 22-47.
For the nicotine industry, the outcome means that flavored vape products remain accessible, preserving options favored by adult consumers while the debate over youth protections continues.
