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Constitutional - State Statute | Utah
Order
DOCKET TEXT ORDER: The court is in receipt of 106 Order from the Tenth Circuit. Utah passed a new law changing the Inspection Program previously considered by this court in ECF Nos. 55 & 56 . The parties informed the Tenth Circuit of the change in Utah law, noting that the change would partially moot the appeal in 25-4046 and fully moot the appeal in 25-4047. The Tenth Circuit entered the 106 Order dismissing 25-4046 as moot and dismissed part of 25-4047 as moot. Thus, per the direction from the 106 Order, the court VACATES its order enjoining the Inspection Program and finding that the Inspection Program is severable from the rest of the E-Cigarette Act. Signed by Judge David Barlow on 5/29/26. (tjm)
USCA Mandate
MANDATE of USCA as to 62 Notice of Appeal - Interlocutory filed by State of Utah, 61 Notice of Appeal, filed by Utah Vapor Business Association, The Smoke House. According to the USCA 25-4047, is DISMISSED AS MOOT, and the district court is directed to vacate its order enjoining the Inspection Program. Appeal No. 25-4046 is also DISMISSED IN PART AS MOOT as to only the Severability Issue, and the district court is directed to vacate its holding that the Inspection Program is severable from the rest of the E-Cigarette Act. (Attachments: # 1 Mandate letter)(jrj)
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