Are Nicotine Pouches Legal in Utah? (2026)

Instrument

Flavored electronic cigarette ban; federal authorization requirement; registry

Source

https://le.utah.gov/xcode/Title76/Chapter9/C76-9-S1114_2025050720250507.html

Retrieved

2026-11-06

Fingerprint

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76-9-1114. 

Illegal distribution of a flavored electronic cigarette product.

(1)
Terms defined in Sections
76-1-101.5
 and
76-9-1101
 apply to this section.

(2)
An actor commits illegal distribution of a flavored electronic cigarette product if the actor gives, distributes, sells, offers for sale, or furnishes to any person a flavored electronic cigarette product.

(3)
A violation of Subsection
(2)
 is:

(a)
a class C misdemeanor on the first offense; or

(b)
a class B misdemeanor on a subsequent offense.

76-9-1115. 

Illegal distribution of an electronic cigarette product without federal authorization.

(1)
Terms defined in Sections
76-1-101.5
 and
76-9-1101
 apply to this section.

(2)
An actor commits illegal distribution of an electronic cigarette product without federal authorization if the actor gives, distributes, sells, offers for sale, or furnishes to any person an electronic cigarette product that is not a premarket authorized or pending electronic cigarette product.

(3)
A violation of Subsection
(2)
 is:

(a)
a class C misdemeanor on the first offense; or

(b)
a class B misdemeanor on a subsequent offense.

76-9-1101 (excerpts)
“Flavored electronic cigarette product” means an electronic cigarette product that has a taste or smell that is distinguishable by an ordinary consumer either before or during use or consumption of the electronic cigarette product.

(b)
“Flavored electronic cigarette product” includes an electronic cigarette product that is labeled as, or has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, or mint.

(c)
“Flavored electronic cigarette product” does not include an electronic cigarette product that has a taste or smell of only tobacco or menthol.

"Premarket authorized or pending electronic cigarette product" means an electronic cigarette product that:

(a)

(i)
has been approved by an order granting a premarket tobacco product application of the electronic cigarette product by the United States Food and Drug Administration under 21 U.S.C. Sec. 387j(c)(1)(A)(i); or

(ii)

(A)
was marketed in the United States on or before August 8, 2016;

(B)
the manufacturer submitted a premarket tobacco product application for the electronic cigarette product to the United States Food and Drug Administration under 21 U.S.C. Sec. 387j on or before September 9, 2020; and

(C)
has an application described in Subsection
(18)(a)(ii)
 that either remains under review by the United States Food and Drug Administration or a final decision on the application has not taken effect; and

(b)
does not exceed:

(i)
4.0% nicotine by weight per container; or

(ii)
a nicotine concentration of 40 milligrams per milliliter.

59-14-810 (excerpt)
(7)

(a)
Beginning on January 1, 2025, a person may not sell or offer for retail sale an electronic cigarette product in this state that is not included in the registry.

(b)
A manufacturer may not sell, either directly or through a distributor, wholesaler, retailer, or similar intermediary or intermediaries, an electronic cigarette product in this state that is not included in the registry.

Instrument

Unlawful sale to persons under 21; alternative nicotine product definition

Source

https://le.utah.gov/xcode/Title76/Chapter9/C76-9-S1116_2026050620260506.html

Retrieved

2026-11-06

Fingerprint

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(2)
An actor commits unlawful sale of a tobacco product, electronic cigarette product, or nicotine product if the actor:

(a)
is an employee; and

(b)
with criminal negligence, sells or gives a tobacco product, an electronic cigarette product, or a nicotine product in the course of business to an individual younger than 21 years old.

“Alternative nicotine product” means a product, other than a cigarette, a counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a tobacco product, that:

(i)
contains nicotine;

(ii)
is intended for human consumption;

(iii)
is not purchased with a prescription from a licensed physician; and

(iv)
is not approved by the United States Food and Drug Administration as nicotine replacement therapy.

(b)
“Alternative nicotine product” includes:

(i)
pure nicotine;

(ii)
snortable nicotine;

(iii)
dissolvable salts, orbs, pellets, sticks, or strips; and

(iv)
nicotine-laced food and beverage.

(c)
“Alternative nicotine product” does not include a fruit, a vegetable, or a tea that contains naturally occurring nicotine.