According to a report by OregonLive on October 16, the Oregon Court of Appeals ruled on Wednesday (16th) that the state's legislators banning e-cigarette manufacturers from using colorful packaging for marketing purposes violated the state constitution's protection of freedom of speech.
Since 2015, the state has implemented laws prohibiting e-cigarettes from being marketed with "glamorous packaging," prohibiting the use of mascots, cartoon images, celebrity endorsements, and even certain descriptive phrases like "light up," "hot," "trendy," and "flavorful.
Paul Bates, the head of e-cigarette company Division Vapor, filed a lawsuit in 2021 claiming that the labels on their products were a form of free speech. While he lost in the first round of litigation in Maltinoma County Circuit Court, an appeals judge disagreed and completely overturned the ruling.
This is an obvious legal issue, but I am glad that we finally won.
The ruling was made by Chief Justice Scott Shorr and will not impact other Oregon state laws that prohibit the sale of tobacco products to individuals under 21 and require these products to be placed behind the counter.
It is currently unclear whether this ruling will have an impact on consumers, as the Food and Drug Administration (FDA) has already required e-cigarette manufacturers to submit their products for review and has rejected those that do not meet public health standards.
The Supreme Court of the United States has agreed to hear the lawsuits brought by two manufacturers challenging the FDA's refusal of their products in July.
A spokesperson for the state health department said that some anti-e-cigarette associations are still deciding whether to appeal. Officials in Washington and Maricopa counties had previously passed a comprehensive ban on flavored e-cigarette products, but the ban has been temporarily put on hold in another court battle. They are currently reviewing the impact of this ruling.
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