This website is dedicated to educating retailers about the laws surrounding tobacco products, electronic cigarette products, and nicotine products in Utah.

The Utah Department of Health and Human Services (UDHHS) has developed this website to inform tobacco retailers about Utah tobacco laws and protect Utah youth from the harmful effects of tobacco use and nicotine addiction.

Effective July 1, 2020, it is illegal for a retailer to sell any tobacco product, electronic cigarette product, and nicotine product to anyone younger than 21. Click here to learn more, or for more details contact your local health department.

In Utah it is illegal for individuals to sell, offer, and buy tobacco products, electronic cigarette products, and nicotine products through the mail, internet, or telephone without a proper license issued by the Utah State Tax Commission.

All Utah tobacco retailers are prohibited from selling or distributing tobacco products, electronic cigarette products, and nicotine products through the mail, internet, or telephone.

For more information, see Utah Code § 59-14-509, § 59-14-808, § 76-10-105.1, § 76-10-104.

Click here to report an illegal sale or distribution of a tobacco product, electronic cigarette product or nicotine product. Complaints can be submitted anonymously. For questions, please contact TPCP Retail and Compliance Specialist Camille Jessop at cjessop@utah.gov.

UDOH’s Responsibility

The Utah Legislature authorized and required the Utah Department of Health and Human Services (UDHHS) to establish requirements to sell an electronic cigarette product regarding labeling, nicotine content, packaging, and product quality for non-manufacturer sealed electronic cigarette substances and manufacturer sealed electronic cigarette products.

In response, UDHHS:

• made rule filing #53257 effective 6/01/2021, allowing UDOH and local health departments to begin educating retailers about effective changes to Admin. Rule R384-415; and
• made rule filing #53559 effective 9/09/2021, to align with changes in Title 26, Chapter 57, Section 103, due to the passage of S.B. 1003.

Effective September 9, 2021

A Utah tobacco retailer is prohibited from selling a manufacturer sealed electronic cigarette product, including sealed electronic cigarette pods, cartridges, and disposables:

• that does not meet the labeling requirements;
• that is labeled as containing additives that create the impression that the product has a health benefit; additives that are associated with energy and vitality; that contain illegal or controlled substances as identified in Section 58-37-3; and additives having coloring properties for emissions;
• with a nicotine concentration that is greater than 3% nicotine by weight per container, or exceeds a 36mg/mL concentration of nicotine; and
• that is repackaged and does not meet the packaging requirements.

A manufacturer or retailer may continue to sell an electronic cigarette product that has not yet received an affirmative marketing order from the FDA by September 9, 2021, if the following criteria are met:

• the electronic cigarette product complies with all of the requirements of Administrative Rule R384-415;
• the manufacturer submitted a timely Pre-Market Tobacco application or Substantial Equivalent application to the FDA by September 9, 2020; and
• the FDA has not issued a written marketing order.

UDOH’s Administrative Rule R384-415 requires tobacco retailers to only sell electronic cigarette products that comply with the established requirements set forth in the rule. For questions, please contact TPCP Policy Analyst Christy Cushing at (801) 538-6260 or ccushing@utah.gov.

Proper Management of E-Cigarette Waste

Electronic cigarette products that do not receive an affirmative marketing order from the FDA, and electronic cigarette products that do not comply with Admin. Rule R384-415 are illegal, and must be removed from retailer shelves and disposed of appropriately.

The Utah Division of Waste Management & Radiation Control created the E-Cigarette Disposal for Retailers Pamphlet to inform retailers how to properly manage and dispose of electronic cigarette products. For questions, please contact Utah Division of Waste Management & Radiation Control staff Judy Moran at (801) 536-0255 or jmoran@utah.gov, or Deborah Ng at (801) 536-0218 or dng@utah.gov.

Disclaimer: Any information submitted on this website may be shared with other government entities as permitted by law, including local health departments, for the purposes of investigation and enforcement.