Utah is considering a rule that would allow the same levels of nicotine that are allowed federally, dropping a 3% limit, when a product is approved and manufacturer-sealed.
SALT LAKE CITY — State health officials are looking at allowing electronic cigarette manufacturers to increase the levels of nicotine in their products sold in Utah after a recent lawsuit settlement.allows Utah retailers to sell vape pens with a higher nicotine concentration than is currently legal, if the products are authorized through a Food and Drug Administration premarket tobacco product application.
"While the Utah Department of Health and Human Services is making this change to better align with FDA's process and orders, we still don't recommend e-cigarette and vape products for use and consumption since they expose people to risk of tobacco-related disease. E-cigarettes and vape products are harmful and the long-term health effects are unknown," he said.
In September 2021, a limit was set at "3% by weight per container," and no more than 36 mg/mL concentration of nicotine. Under the revised rule, products that are sealed by manufacturers could contain any amount approved by the FDA, which limits the amount to 5% by weight but no more than a 59mg/mL concentration of nicotine. The rule notes that in 2022, products were approved with concentrations ranging from 1.5% to 6%.. In 2019, 12.4% of teenagers vaped, and in 2021 the percentage decreased to 7.8%, according to state data.
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