Federal judge upholds Utah vape ban but bars warrantless searches

SALT LAKE CITY – A federal judge sided with vape shops, at least in part, in their lawsuit against Utah over its ban passed in 2024 on flavored e-cigarettes.

The new ruling blocks Utah from enforcing part of the law a federal judge deemed unconstitutional, but the ban on flavored vapes in Utah still stands.

Last year, Utah passed SB61, known as Electronic Cigarettes Amendments. The bill essentially bans the sale of electronic cigarettes not authorized by the FDA and flavored e-cigarettes.

To determine if any vape shop is complying with the law, Utah gave itself the authority to go into those shops and take e-cigarettes in violation without a warrant. That's the part Judge David Barlow had an issue with. He granted an injunction against warrantless searches and said Utah can take that part of the law out and the rest still works.

Utah Attorney General Derek Brown said of the ruling, "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."

The goal of the law at the time was to reduce the number of Utah teenagers who vape and ban vape shops from selling products that could get them addicted. So the ban still stands, but Utah can't go into the vape shops to take those products without a warrant.

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