Oregon appeals court halts governor's vaping ban on flavored tobacco products

By Mike Rogoway | The Oregonian/OregonLive

AP

The ruling is a setback for Oregon’s response to the national vaping crisis and a major victory for vape shops.

Oregon vape shops won a temporary stay Thursday on the governor’s flavored vaping ban from a state appeals court.

The appeals court ruling appears to apply only to tobacco-based vaping products, sold under the oversight of the Oregon Health Authority. It apparently leaves the ban in place on marijuana vaping products regulated by the Oregon Liquor Control Commission.

“Petitioners assert, as a result of the rule, they, along with number other similarly situated businesses, will be forced to close within weeks,” appellate Commissioner Theresa Kidd wrote. She issued a temporary stay “pending the petitions having the opportunity to reply, and the court considering the parties’ filings and rendering a decision on the motions.”

The ruling is a setback for Oregon’s response to the national vaping crisis and a major victory for tobacco vape shops, who rely on the sale of flavored vaping products for the bulk of their business.

“We’ve saved 10 jobs in my store,” said Paul Bates, owner of Division Vapors in Portland. He was among the plaintiffs who filed court challenges to the flavored vaping ban that took effect Tuesday. He described himself as “incredibly relieved.”

On Oct.4, Gov. Kate Brown ordered a six-month ban on flavored vape products in Oregon in response to an epidemic of vaping-related illnesses across the country. The federal Centers for Disease Control and Prevention says there have been nearly 1,500 illnesses and 33 deaths nationwide. Oregon has reported nine illnesses and two deaths.

The Oregon Health Authority, Oregon Department of Justice and governor’s office did not immediately respond to request for comments on Thursday’s order.