SALT LAKE CITY -- A Davis County lawmaker says the threat of a lawsuit from the tobacco industry will not deter him from completing legislation to ban flavored smokeless tobacco products.
Rep. Paul Ray, R-Clinton, sponsored the legislative ban, which awaits a final vote in the Senate.
Ray on Friday called the products nicotine candy and said he wants to keep them out of the hands of children and young people.
The products -- not yet available in Utah -- have various flavors and often combine candy shapes with nicotine.
"We are trying to ban these awful candies before they get to the market," Ray said.
The District 13 representative said he has received a verbal warning that tobacco giant Altria, parent company of Philip Morris USA, will sue Utah if his bill passes.
But a company representative said Philip Morris USA officials believe the Food and Drug Administration is the ultimate body to regulate these types of products.
"The law giving the FDA this authority pre-empts all state and local regulation relating to the types of tobacco products that may be sold in the United States," said Bill Phelps, a spokesman for Philip Morris USA.
Phelps had no comment about the possibility of a Utah lawsuit.
Ray said a similar lawsuit has been filed in New York state and that he would ask Utah leaders to put $75,000 in the budget in case there is a court case over the legislation.
The tobacco company believes the debate over nicotine belongs on a national scale.
"The FDA should have the opportunity to implement Congress' mandate to develop a national tobacco policy, based on a thoughtful examination of the evidence," Phelps said.
Utah lawmakers on Friday completed and sent to the governor legislation that would increase cigarette taxes by $1 to $1.70 per pack. Not included in Ray's cigarette proposal was a clause to continuously escalate the taxes based on the national tax average on cigarettes.
House Bill 196 passed by a vote of 19-8. Gov. Gary Herbert has said he's opposed to any increases but hasn't promised to veto a tobacco tax hike.
Ray, who proposed the measure, said he's "comfortable" the governor will be on board.
"He hasn't told me specifically he is, but you've been up here long enough you can just kind of see how things go."
Under a tight budget, some lawmakers say the $43 million the tax would generate in the coming fiscal year makes it an attractive source of funding.
The tobacco tax has been Ray's brainchild for the past three years.
The Associated Press contributed to this article.
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