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Court of Appeals extends stay on flavored nicotine vaping products, flavored cannabis vaping products


Gov. Kate Brown’s six month ban on flavored nicotine and cannabis vaping products is on hold with new rulings Nov. 14 by the Oregon Court of Appeals.

Hilary Dorsey
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Last month, the Court temporarily halted the ban on only flavored nicotine vaping products. It has now extended the stay and granted a stay covering the ban on flavored cannabis vaping products as well. While a judicial review is conducted, enforcement of this rule will be discontinued.

Until the judicial review is complete, licensees are not prohibited from processing, transferring and selling products previously banned.

The Oregon Health Authority (OHA) and the Oregon Liquor Control Commission (OLCC) had filed temporary rules Oct. 11, that put into effect Gov. Kate Brown’s Oct. 4 executive order banning all flavored vaping product sales in the state.

“The court’s decision to enter stays last week is unfortunate in light of the ongoing public health threat posed by vaping-related illness and the alarming growth in the use of vaping products by Oregon youth,” said Charles Boyle, press secretary of the Office of Gov. Kate Brown. “What is clear is that it is far past time for the Trump Administration and the U.S. Food and Drug Administration to follow through on their promises to ban flavored vaping products so that we can protect children across the country from vaping-related illness and lifetime of nicotine addiction.”

Boyle said in the meantime, Brown will continue to work with stakeholders and the Legislature to find long-term solutions to protect the public health from vaping-related illness. Brown continues to urge Oregonians to heed the public health warning of the OHA and to stop vaping immediately.

Oregon’s Senator Jeff Merkley, the top Democrat on the Appropriations subcommittee overseeing the Food and Drug Administration (FDA), released on Nov. 18 a statement regarding reports that President Trump blocked the FDA from issuing a proposed ban on all flavored e-cigarettes. The proposed ban was designed to protect children from vaping, as data from 2019 shows surging e-cigarette usage among middle and high school students with 5.3 million kids now vaping. Sweet flavors – including candy, fruit, and mint flavors – have proven especially attractive to teenagers.

“Yet again, President Trump is going spineless in the face of corporate lobbying,” Merkley said in the statement. “The health of millions of American children will suffer. For years, e-cigarette companies have been given free rein by the FDA to pursue a massively successful strategy of addicting a new generation on nicotine, targeting middle and high school students with social media influencers and sweet flavors blatantly designed to appeal to children. Now, finally, the FDA is ready to act – but President Trump has apparently ordered them to stand down in the face of an industry lobbying campaign.”



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