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UTAH – Revisit the DoH Nicotine Cap
As of September 1, 2021, it is illegal to sell e-liquids in Utah with nicotine concentrations higher than 24mg/mL for bottles, and 36mg/mL (or ~3%) for pods, cartridges, and other closed system products.
The Department of Health’s rule is carefully worded in an attempt to avoid functioning as a product standard, which is prohibited by federal law. But in practice, regulating sales of products based on levels of specific ingredients is exactly that–a standard.
Please take a moment to make phone calls to the following officials. Take a few minutes to share your thoughts about the nicotine cap and your experience with switching to vaping. If you were successful with an e-liquid that has a nicotine concentration higher than 36mg/mL (or 24mg/mL for bottles), be sure to share that as well.
Curtis S. Bramble
Michael K. McKell
Evan J. Vickers
Don L. Ipson
Be sure to also send an email to your officials sharing your concerns with the nicotine rule. You can use the form provided on this page to get connected with your lawmakers. Be sure to edit the pre-written message to include your experience with switching to vaping and, again, include your experience with higher nicotine content products (did they help you quit, did you discover at some point that you needed a higher nicotine strength to fully switch, etc.).
Some points you may want to consider for your comments:
- Lower-power vapor products require higher concentrations of nicotine in order to appeal to people who smoke and inspire them to switch completely away from combustion.
- Mandating lower nicotine levels in smoke-free alternatives actually protects the appeal of the most harmful products that rely on combustion. A similar sales ban on cigarettes that actually deliver more nicotine is not being proposed.
- The so-called “youth vaping epidemic” misrepresents prevalence of use among young people by focusing on the most eye-popping statistics and preys on the public’s misunderstanding of substance use.
- A low-nicotine mandate may pressure people to travel outside of the state to purchase regular strength closed-system products (i) not supporting local businesses, and (ii) imposing a hidden tax resulting from extra travel expenses. This rule may also inspire people to purchase and consume more e-liquid which is a similar hidden tax as it forces people to spend more money.
- People will compensate for low-nicotine delivery by consuming more material, exposing themselves to more risk (although still not even close to what they are exposed to by smoking). While some people choose to vape larger volumes of e-liquid, in this case, the UDOH will be making that choice for them.
- “Proposal to limit permitted nicotine e-liquid strength to 20mg/ml” Comment by Clive Bates and David Sweanor, 1st March 2021
- “Congressman Raja Krishnamoorthi Reintroduces The END ENDS Act To Limit Nicotine Concentration In E-Cigarettes And Mitigate Youth Addiction” May 7, 2021
- HR 4624 (2019) – https://www.congress.gov/bill/116th-congress/house-bill/4624/text
- (2014) “Nicotine absorption from electronic cigarette use: comparison between first and new-generation devices” Farsalinos
- (2020) “Nicotine delivery and users’ reactions to Juul compared with cigarettes and other e-cigarette products” Hajek
- (2020) “JUUL Delivers Substantially More Nicotine than Previous Generation E-Cigs and Cigarettes” UCSF
- (2019) “When Less is More: Vaping Low-Nicotine vs. High-Nicotine E-Liquid is Compensated by Increased Wattage and Higher Liquid Consumption” International Journal of Environmental Research and Public Health
- (2018) “Real-world’ compensatory behaviour with low nicotine concentration e-liquid: subjective effects and nicotine, acrolein and formaldehyde exposure.” CRUK