Renewable Energy Insights > Troutman Sanders LLP

Utah Legislation Would Tax and Regulate E-Cigarettes as Tobacco Products

A bill pending in the Utah legislature, House Bill 372, would tax and regulate electronic cigarettes as tobacco products under Utah law.

If enacted, the bill would redefine the term “tobacco product” to include e-cigarettes and cartridges.  This would impose the tobacco products tax on e-cigarettes, which is 86% of the manufacturer’s price.  The bill would also functionally prohibit remote sales of e-cigarettes.  The bill also would ban self-service displays of e-cigarettes, and ban free samples of e-cigarettes.

The bill does not apply to an e-cigarette that has been approved by the FDA as a smoking cessation device, nor does it apply to e-cigarettes that do not contain nicotine.

On March 6, the Utah House Health and Human Services Committee voted to pass the bill out of committee with minor amendments.

For questions and/or comments, please contact Bryan Haynes, at 804.697.1420 or by email.