ST. GEORGE — In under six months, a statewide ban on the majority of flavored electronic cigarette products, as well as all related products that have not received market authorization by the Food and Drug Administration, takes effect.

Supporters of the 2024 Electronic Cigarette Amendments bill, SB 61, which goes into effect Jan. 31, say the bill provides a significant step toward curbing the spread of nicotine addiction among Utah’s youth, while opponents — particularly business operators — argue the law is a ban on the bulk of what they currently sell and will decimate the vape industry in Utah.

“That’s 99% of what we sell,” Brendon Gunn, the owner of Cloud 9 Vapor and a board member of the Utah Vapor Business Association, said in reference to flavored and non-FDA-approved vape products. “In fact, aside from hardware and accessories, it’s 100% of what we sell.”

Only a handful of vaping products have received the FDA’s official market authorization with the majority pending review. Despite this, products awaiting review have been allowed to be sold in stores until their application is approved or denied.

Recently, Cloud 9 sponsored a free music event advertised in St. George News that focused on educating people about the bill and building opposition to the law’s eventual implementation. It was stated in the advertisement that “the bill bans all flavored vapor products.” This is not entirely correct as SB 61 allows for tobacco and menthol-flavored vape products to persist.

For Gunn, however, it may as well be a total ban, as the sale of flavored products and those awaiting FDA market authorization make up the vast majority of what Cloud 9 sells.

“I understand their concern with that,” said Heidi Baxley, a licensed prevention specialist with the Southwest Behavioral Health Center. “I’m sure it does seem like a blanket ban, but the idea behind the bill was to limit those flavored products and hopefully reduce their appeal to youth.”

Baxley contacted St. George News about Cloud 9’s advertisement and said she wanted to make sure the public had a correct understanding of the bill.

Since its introduction in the early 2010s, vaping has been marketed as a way to either decrease or quit cigarette smoking due to its lower nicotine content. However, as it is still a nicotine-based product, it continues to draw the attention and ire of health advocates and agencies — especially when it comes to youth use.

Flavored vape products have come to be seen as a gateway to nicotine addiction among the youth by health experts and policymakers.

“We know adults like flavors, but we also know youth are very drawn to them as well,” Baxley said. “If we can do anything to stop the addiction of youth to nicotine before they are of age, then we will. That is the idea of SB 61. It is meant to be a protection.”

According to results from Utah’s Student Health and Risk Prevention survey — an annual survey that asks a range of behavioral and health questions with answers that can be provided anonymously — an estimated 70,000 youth in the state have been exposed to nicotine through e-cigarette use.

A 2023 SHARP survey conducted in the five-counties area (Washington, Iron, Beaver, Garfield and Kane counties) showed that 5.7% of 6th-12th graders reported vaping within the last 30 days.

“Any amount of kids that are using is too many,” Baxley said.

While youth vaping reached a peak in Utah in 2019 and vape use among minors will continue to be a concern for health advocates, legislators and impacted retailers, overall youth use has reportedly dipped in recent years.

Nationally, youth vape use dropped from 14.1% to 10% between 2022 and 2023, according to the Centers for Disease Control and Prevention. In Utah, youth vape use dropped from 12.4% to 7.4% between 2019 and 2023, according to the Utah Department of Health and Human Services.

Baxley gave credit to the drop in youth vape use to the work of youth prevention coalitions and health agencies spreading awareness, as well as the influence of family and friends on their children and peers.

Gunn said he felt parents needed to take greater responsibility for their children and shouldn’t leave their education on addictive substances to the state. As well, Cloud 9 has been a responsible business and over the years, he said, adding that it has passed multiple attempts by the Southwest Utah Public Health Department to catch staff selling products to underage customers.

As for what little product would remain on the shelf after SB 61 takes effect, they are products from “Big Tobacco” companies, which Gunn said didn’t surprise him. He repeated previous claims that state-level officials like Gov. Spencer Cox and Attorney General Sean Reyes are in collaboration with Big Tobacco to wipe out small businesses like Cloud 9, so only products like Juul remain.

The nicotine level in vaping products will also increase, Gunn said. Currently, many of the products Cloud 9 sells have a low level of nicotine — under 15 milligrams — while the amount in larger tobacco company products that survive under SB 61 can have a higher nicotine count of up to 40 milligrams, he said.

“Business owners who believe in the products they sell are trying to reduce the nicotine in those products,” Gunn said.

SB 61 is a “public bludgeoning” of small business that favors the larger tobacco companies and is an example of government overreach, Gunn stated.

“Ask yourself if you’re comfortable living in a nanny state,” Gunn added.

While the future of his Utah-based stores may be in question due to the passing of SB 61, Gunn said Cloud 9 is setting up a new store in Arizona 20 minutes south of St. George.

Ed. note: Cloud 9 is a regular St. George News sponsor.

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