Utah Considers Allowing Higher Nicotine Levels in Vapes

On June 18th, according to a report by KSL News Radio, the state of Utah in the United States is considering allowing e-cigarette manufacturers to increase the nicotine content in products sold in the state. Under the proposed regulations, if an e-cigarette product is authorized through a pre-market tobacco product application (PMTA) by the US Food and Drug Administration (FDA), Utah retailers will be allowed to sell e-cigarettes with nicotine concentrations higher than the current legal level.

According to official Braden Ainsworth of the Utah Department of Health, the department is authorized to amend tobacco laws and set nicotine restrictions for "sealed tobacco products (vapor products)" by a 2020 law.

He said:

Although the Utah Department of Health's move is aimed at aligning itself with the FDA's pre-market tobacco product application process and requirements, we still do not recommend the use and consumption of e-cigarettes and vaping products.

According to Answoth, the department's primary objective is to create policies that provide Utah residents with "fair and equitable opportunities to lead safe and healthy lives.

In September 2021, it was mandated that the nicotine content of each container is limited to "3% of the weight of the container" and the concentration should not exceed 36mg/mL. This is in accordance with regulatory requirements.

Answorthy stated that the assessment and decision regarding the regulation were proposed during the litigation period and that this is part of a settlement agreement. "However, regardless of whether a settlement is reached, the department will revise the regulation and modify the policy for aerosol products in some way.

According to revised regulations, products that are sealed by manufacturers may contain any quantity approved by the FDA, but nicotine content is limited to "5% by weight per container" and concentration should not exceed "59mg/mL". The regulations indicate that the approved products in 2022 will have a concentration range of "1.5% to 6%".

According to Answorth, there has been a decrease in the use of e-cigarettes among youth in Utah. State data shows that in 2019, 12.4% of teens were using e-cigarettes, whereas in 2021, the proportion has dropped to 7.8%. He also mentioned that several policy changes were made in 2020 aimed at addressing the issue of youth vaping, including flavor restrictions.

References:

The Utah Health Department is contemplating the possibility of raising the permitted quantity of nicotine in vape pens.