A judge is scheduled to rule Monday on whether the Utah Department of Health acted inappropriately by imposing an emergency ban on the sale of flavored nicotine vaping products at certain stores.
Phillip Dyer, an attorney representing a group of stores that sell vaping products, argued in 3rd District Court on Friday that state health officials should have gone through a regular procedure — which would include public comment — before imposing new rules that he said could put his clients out of business.
“It’s not flavored products or substances that are creating or causing these health issues,” Dyer said.