Oregon Court Strikes Down Limit on Vape Pen Packaging
From Bates v. Oregon Health Authority, decided yesterday by the Oregon Court of Appeal (Judge Scott Shorr, joined by Judges Josephine Mooney and Ramón Pagán):
In 2015, the legislature passed House Bill (HB) 2546, which addressed a number of issues involving “inhalant delivery systems,” commonly known as “vape pens” or “e-cigarettes.” The bill, among other things, outlawed the sale of such products to minors, banned vaping indoors by adding inhalant delivery systems to the Oregon Indoor Clear Air Act, and, as relevant to the current matter, created certain requirements surrounding the sale and packaging of inhalant delivery systems…. [The bill] states: “It is unlawful: … (f) To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery system is packaged in a manner that is attractive to minors, as determined by the [Oregon Health Authority] by rule.”
The Oregon Health Authority (OHA) subsequently promulgated a number of regulatio
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