Earlier today the Oregon Court of Appeals granted our client’s motion to stay enforcement of the OLCC rule banning flavored vape products.
As background, we filed a petition for judicial review of the OLCC rule on the grounds that the OLCC failed to follow the rulemaking process they are required to follow in order to promulgate temporary rules on an expedited basis. At the same time as we filed our petition, we filed a motion to stay enforcement of the OLCC rule while the petition was litigated, on the grounds that Winberry Farms was going to suffer irreparable harm if the ban stood, and the OLCC failed to connect flavorings to a public health threat.
The Court agreed with our reasoning and granted our motion, and has stayed enforcement of the OLCC rule while the issues in our petition are briefed and argued. While the Court could ultimately decide against us on the merits, licensed processors are now no longer prohibited from manufacturing flavored vape products, and licensed retailers are no longer prohibited from selling them, until further order of the court.
This is a huge victory for our client, Herban Industries OR, LLC (dba Winberry Farms), the Oregon cannabis industry, and Oregon cannabis consumers. The Court correctly recognized the OLCC could not connect flavors with the lung injuries we’re seeing from vaping, and that failing to stay the ban would result in irreparable harm to our client. We look forward to public health authorities providing real protection to consumers by identifying the real culprits behind the lung injuries.
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