Bates v. Oregon Health Authority
Overview
(Court of Appeals of Oregon, October 16, 2024): The Court of Appeals of Oregon found that a state law prohibiting packaging of tobacco and cannabis vape products that is attractive to minors violates vape manufacturers’ free speech rights under the Oregon Constitution. Regulations adopted under the law prohibited vape product packaging using cartoons, celebrity endorsements, and fruit flavors and descriptors for other flavors likely to appeal to minors. The Court found these restrictions not focused on the sale of vape products to underage consumers but rather restraints on speech. Given the broad protection of speech in the Oregon Constitution, the statute and regulations were struck down as unconstitutional. Read the full Opinion here.
View all cases in the Judicial Trends in Public Health – November 18, 2024.