U.S. Court of Appeals for the Tenth Circuit
Utah Vapor Business Association v. State of Utah
August 31, 2026
Summary
The court dismissed the appeal for lack of jurisdiction because the plaintiffs’ notice of appeal did not identify the interlocutory order denying a preliminary injunction against Utah’s flavored e-cigarette ban. The separate appeals concerning the inspection program and severability became moot after the legislature amended the enforcement mechanism and were dismissed by stipulation, leaving only the improperly noticed preemption issue. The court explained that each separately appealable interlocutory order must be expressly designated in the notice of appeal.