Oregon Live report

The Oregon Court of Appeals ruling appears to apply only to tobacco-based vaping products, sold under the oversight of the Oregon Health Authority. It leaves the ban in place on marijuana vaping products regulated by the Oregon Liquor Control Commission.

“Petitioners assert, as a result of the rule, they, along with number other similarly situated businesses, will be forced to close within weeks,” appellate Commissioner Theresa Kidd wrote. She issued a temporary stay “pending the petitioners having the opportunity to reply, and the court considering the parties’ filings and rendering a decision on the motions.”


“The court’s decision to enter a temporary stay today is unfortunate due to the ongoing public health threat posed by vaping-related illness,” the governor’s press secretary, Charles Boyle, wrote in statement Thursday. He said that absent federal regulation, Brown will work with public health organizations, state agencies and the Legislature in search of a long-term solution to vaping illnesses.

“Governor Brown continues to urge Oregonians to heed the public health warning of the Oregon Health Authority and to stop vaping immediately,” Boyle wrote.

In the challenge filed Wednesday with the Oregon Court of Appeals, vape businesses and an industry group called the Vapor Technology Association said they would “suffer severe and irreparable harm long before the (ban) can be subjected to full judicial review.”

Read the full report at  https://www.oregonlive.com/business/2019/10/oregon-appeals-court-halts-governors-flavored-vaping-ban.html


The Ruling