SPRINGVILLE, Utah — The shelves were empty at VIP Vapors and customers aren't happy.
"Take some responsibility with your kids," Jesse Wright told FOX 13 News after learning Utah's ban on flavored vape juices was now in effect. "Not tell me what I can buy and not buy."
A bill that passed the Utah State Legislature last year is now in effect across the state, prohibiting vape shops from selling flavored juices. Many specialty stores were forced to yank their products from shelves or risk fines.
"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.
The result, he said, has been crippling to his business and those of other vape shops in the area.
"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 told FOX 13 News.
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The law was designed to curb youth vaping use by banning the sale of flavored vape juices. The Utah Vapor Business Association filed a lawsuit against the ban, arguing it would hurt businesses and even adults who are legally able to purchase such products. A federal judge struck down part of the law allowing surprise inspections, but still allowed the the flavored vape juice ban to go into effect. The association has appealed and requested an injunction, seeking to block the ban.
"It’s being enforced even though there’s an active appeal happening," Bravo said.
In a statement to FOX 13 News, the Utah County Health Department defended its enforcement action.
"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.
Utah's Department of Health & Human Services said local health departments were responsible for enforcement. Across the state, different health departments were handling it in different ways. While all of those that spoke to FOX 13 News said they were enforcing the ban, some were giving shops a time to comply while others demanded an immediate removal of products from shelves.
Not everyone is upset about the law going into effect. Pam Holiday, who works with the Washington County Prevention Coalition, said the new law is a "significant step in public health policy."
"By restricting products that appeal to youth, the law aims to reduce the initiation and continuation of vaping among adolescents," she told FOX 13 News. "While this poses challenges for vape retailers, the primary objective is to protect young individuals from nicotine addiction and its associated health risks."
Prevention groups have worked to combat rapid youth adoption in schools across the state. There have been programs launched to help teens quit, such as the My Life, My Quit program that offers text-based coaching. Efforts appear to be showing signs of success with student surveys demonstrating some declines in youth vaping in recent years.
"We do upstream prevention and we do education around policies even at our local schools and with our lawmakers and other decision-makers," said Kristi Sharp, who does prevention work for the Southwest Utah Public Health Department.
Both Sharp and Holiday said they do believe the law will have a positive effect on curbing youth use going forward by removing the appeal of flavorings. Bravo said as a parent, he doesn't want children vaping. But he argued the law didn't penalize possession of a flavored vape and some people are just going online or out-of-state to purchase products, which health departments are not enforcing.
While the litigation is ongoing, the Utah State Legislature may revisit the flavored vape juice ban. It has been listed as a study item during the interim sessions this summer. A bill to overturn the flavored vape ban failed to pass the legislature after pushback from social conservatives on Utah's Capitol Hill. Bravo said shops like his have offered to live under stricter regulations that continues to allow the sale of flavored vape juices, but lawmakers have so far been unwilling to consider it.
"We still maintain there is a way of working together, there’s still a way of keeping hands out of minors," he said.
The sponsor of the original ban, Sen. Jen Plumb, D-Salt Lake City, told FOX 13 News in a statement she was glad to see it go into effect.
"The steps to limit flavored vape products aren’t about judgment—they’re about protecting kids. These products pose serious long-term health risks, and as a mom, a pediatrician, and a public health advocate, my goal has always been to safeguard the health of our youth. This law empowers young people to make healthier choices and helps prevent nicotine dependence," she said.
