Appeals court issues temporary block of Oregon's flavored nicotine vape ban

SALEM, Ore. — The Oregon Court of Appeals has temporarily blocked the recent statewide ban on flavored nicotine vaping products, according to court documents.

The documents reveal that a coalition of vape shops and vaping device and e-liquid manufacturers have sued the Oregon Health Authority (OHA), Governor Kate Brown, and OHA Director Patrick Allen over the ban, which officially began on Tuesday.

Vaping advocates asked the court for an "immediate temporary stay" of the ban because vaping-related businesses have taken an immediate economic hit.

"Petitioners have further requested that the court grant an immediate temporary stay, before respondents will have had the opportunity to file a response to the motion for stay because . . . they, along with numerous other similarly situated businesses, will be forced to permanently close within weeks," the court wrote.

The Court of Appeals granted the block at 1 p.m. on Thursday.

However, the stay appears to impact nicotine-based flavored vaping liquids only. While the suit targets OHA, it does not include the Oregon Liquor Control Commission (OLCC), which issued the ban for flavored cannabis vaping products.

Governor Brown first announced that she would order a temporary ban on October 4. She instructed the OHA and OLCC to determine the details of that ban and future restrictions or research.

Amid hundreds of nationwide cases of vaping-linked lung injuries and deaths, Oregon has so far seen a total of nine cases. Two cases resulted in death. However, OLCC officials have admitted that both deaths were linked to cannabis vaping products purchased from regulated dispensaries.

This is a developing story, and NewsWatch 12 will update the article with more details as they emerge.

You can read the order granting temporary stay from the Court of Appeals below.

Court Blocks or Vaping Ban (PDF)Court Blocks or Vaping Ban (Text)