Another win: Oregon court blocks nicotine vapes ban; leaves THC-vapes ban in place
On Thursday, the Oregon Court of Appeals issued a temporary stay on Governor Kate Brown’s executive order to ban flavored nicotine-based vapes statewide. The prohibitory actions, however, will remain in full effect for flavored marijuana and THC-enhanced vapor products. The ruling comes less than a week after the six-month ban was initially implemented.
Plaintiffs in the lawsuit include two vapor companies, Vape Crusaders Premium E-Liquid LLC and Vape Crusaders Premium E-Liquid LLC. The vaping advocacy group Vapor Technology Association (VTA) also signed on to the lawsuit for additional support. The plaintiffs argue that the Oregon flavor ban will cause small businesses across the state to “suffer severe and irreparable harm.”
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The court is siding with the plaintiffs, at least until more more information can be forwarded for “judicial review.” The order granting the temporary stay and issued by the Oregon Appellate Court Commissioner Teresa Kidd states the following.
According to Oregon Public Radio, the Oregon Health Authority (OHA) is unsure if it will continue the litigation process against the vapor companies. In light of the rapidly evolving facts behind the mysterious lung injuries plaguing the country and which instigated Gov. Brown’s executive actions to instill the flavor ban in the first place, the OHA may reconsider its banning of flavored nicotine vapes only.
Judges in New York and Michigan have also halted statewide vaping bans
Both the CDC and the FDA have openly acknowledged that the most likely cause of the “vaping-related” ailments is Black Market THC cartridges. To date, zero of the over 1000 medical diagnoses thus far have been directly attributed to the vaping of FDA-approved nicotine-based vapes. Still, the OHA is warning all Oregonians in an official statement to refrain from the vaping of all substances until further notice.
The Thursday ruling in Oregon comes just days after Judge Cynthia Diane Stephens overturned a similar flavor ban initiated by Michigan Governor Gretchen Whitmer. In Judge Stephen’s ruling, she writes that the state had “undercut their own assertions of an emergency by the fact that they demurred on taking action for nearly a year, and in the case of some information even longer than that, after they were in possession of the information cited in support of the emergency declaration.”
A third judicial decision handed down from the New York appellate court in early October also issued a temporary restraining order on the implementation of Governor Andrew Cuomo’s executive action banning flavored vapes. Just as in the Oregon case, the VTA was one of the named plaintiffs. In response to the Appellate Court’s ruling, VTA Executive Director Tony Abboud said that his agency was “very pleased” with the court’s decision and that the VTA will continue the fight to save vaping, state-by-state.
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