Key Points:

• The ruling allows Utah’s prohibition on flavored vape juices to move forward, despite opposition from industry groups.
• Judge Barlow ruled that surprise inspections violate the Fourth Amendment but noted that other enforcement methods, like undercover operations, remain available.
• Utah AG Derek Brown called the ruling a win for public health, saying it will help prevent kids from becoming addicted to nicotine.

A federal judge has upheld Utah’s ban on flavored vape juices, ruling that it can remain in effect despite opposition from the Utah Vapor Business Association (UVBA). However, the judge blocked state officials from conducting warrantless inspections, calling the practice likely unconstitutional.

U.S. District Court Judge David Barlow said the state’s “warrantless inspection program” unfairly harms businesses by allowing officials to conduct unannounced searches—a provision UVBA challenged as a violation of the Fourth Amendment.

“This nearly unlimited discretion likely violates the certainty and regularity requirements, particularly under the most recent binding decisions. Accordingly, Plaintiffs have demonstrated that they are substantially likely to succeed on their Fourth Amendment challenge to the Inspection Program,” Barlow wrote in his ruling.

While the judge struck down the surprise inspection rule, he allowed the flavor ban to move forward, rejecting calls to block its enforcement.

“While injunction against the Inspection Program precludes warrantless searches, it does not prevent the State from using other enforcement means, including undercover operations and ex parte warrants. Additionally, the very existence of the Flavor Ban likely will decrease sales—indeed, Plaintiffs argued both that they have been highly compliant with prior restrictions and that the banned products constitute about ’89 percent of Plaintiffs’ business,’” Barlow wrote.

Because the flavor ban can still be enforced through alternative legal channels, Barlow ruled that the inspection program could be removed without invalidating the entire law.

The Utah Vapor Business Association has yet to comment on the decision, but state officials welcomed the ruling.

Utah Attorney General Derek Brown praised the court’s decision to uphold the ban, calling it a step forward in protecting children from nicotine addiction.

“I am thrilled that Utah will now be able to better protect children from the harms of tobacco. Our attorneys have worked tirelessly on this case to defend Utah’s law, and I am confident their advocacy moving forward will continue to be excellent. Their work is crucial in preventing kids from getting hooked on nicotine,” Brown said in a statement to FOX 13 News.

While the ruling represents a partial victory for both sides, vape shop owners remain concerned about the economic impact, as flavored products reportedly make up nearly 90% of their business. The case is expected to continue through the courts as shop owners evaluate their next steps.