Utah has taken a significant step in regulating vaping products by becoming the fifth U.S. state to enact a PMTA (Premarket Tobacco Product Application) registry law and the sixth to implement a flavored vape ban.
Governor Spencer Cox recently signed bill SB 61 into law, which is set to take effect on January 1, 2025.
The introduction of PMTA registry laws is part of a broader trend in several states, with similar bills being debated in approximately two dozen other state legislatures. Notably, states like Vermont, Virginia, and Florida have already passed registry bills, awaiting governor approval.
These bills are often backed by major tobacco companies such as Altria Group and R.J. Reynolds, who have faced revenue losses due to unauthorized disposable vape products flooding the market.
Here’s a breakdown of what the Utah bill entails and how it impacts consumers and businesses:
- Flavor Ban – The law prohibits the sale of vape products in flavors other than tobacco and menthol. This measure aims to address concerns about flavored products enticing youth to vape.
- Authorization Requirement – Vape products must have received FDA marketing authorization or have pending PMTAs (Premarket Tobacco Applications) under FDA review to be legally sold in the state.
- Ban on Unauthorized Synthetic Nicotine Products – The law extends to banning all unauthorized synthetic nicotine products, even those with pending PMTAs.
- Registration Requirements – Manufacturers are required to submit product names along with proof of meeting state requirements and pay a $1,000 fee per product to the state by August 1.
- Creation of State-Approved Product List – A PMTA registry will be established by October 1, listing approved vape products. Any products not on this registry will be prohibited from sale beginning January 1, 2025.
This law is driven by concerns over the “epidemic” of youth vaping in Utah, with supporters citing cases of teenagers experiencing nicotine withdrawal in hospital emergency rooms.
The bill’s sponsor, State Senator Jen Plumb, a medical doctor, emphasizes the need for measures to combat underage vaping.
It’s worth noting that the FDA has only authorized a handful of vaping devices, all of which are produced by major tobacco companies like Altria (NJOY), Reynolds (Vuse), or Japan Tobacco (Logic). Open-system products, bottled e-liquids, and non-tobacco flavored products are yet to receive FDA marketing permission.
Utah’s vaping regulations are already complex, with existing bans on online vape purchases by private individuals and limitations on nicotine strengths for products sold in the state.
In addition to Utah, states like Alabama, Louisiana, Oklahoma, and Wisconsin have also passed PMTA registry laws. Furthermore, California, Massachusetts, New Jersey, New York, and Rhode Island have implemented bans on the sale of most flavored vape products.
Utah’s SB 61 represents a significant regulatory development in the vaping industry, aimed at addressing youth vaping and ensuring the safety and legality of vape products in the state.