Oregon Health Authority May Fight an Appellate Court Decision to Allow E-Cigarettes in Colorful Packaging
The Oregon Health Authority is deciding whether to appeal a decision by presiding Judge Scott Shorr of the Oregon Court of Appeals to overturn a previous ruling to ban colorfully packaged e-cigarettes that could attract minors to begin smoking.
Lawmakers Violated Freedom of Speech
The Appellate Division this week found that lawmakers violated the Oregon constitution’s freedom of speech when they prohibited e-cigarette manufacturers from marketing their wares in colorful packaging to avoid attracting minors to start smoking.
Vape pens wrapped in flashing packaging have been banned in Oregon since 2015.
This week’s Appellate Division decision has been welcomed by e-cigarette maker, Paul Bates, who initially lost the fight when the Multnomah Circuit County Court ruled in favor of keeping colorful packaged vape pens off the shelves.
Bates says the colorful packaging is a form of free speech – a view upheld by the Oregon Court of Appeals.
‘I am glad we finally won,’ said Bates.
Ruling Will Not Impact Laws Forbidding Tobacco Product Sales
Presiding Judge Shorr’s ruling will not impact other state laws forbidding the sale of tobacco products to people under the age of 21. The law also prescribes that tobacco products be kept out of eyesight under lock and key.
Whether the Oregon Court of Appeals ruling will lead to consumer-level changes is unclear.
Vape manufacturers must submit their products for review, in terms of a Food and Drug Administration (FDA) ruling. The FDA has rejected products in the past for failing to meet public health standards.
Anti-smoking advocates are not happy with the latest vape pen packaging ruling. Jamie Dunphy of the American Cancer Society Cancer Action Network says 90% of smoking begins at a young age and that Oregon needs to keep minors free from a lifetime of addiction.
Earlier this year, the U.S. Supreme Court agreed to hear from two e-cigarette manufacturers challenging the FDA’s rejection of their products.