The US Court of Appeals for the state of Oklahoma has ruled that the state’s law banning the use of flashy vape packaging violates the Constitution’s free speech protections, overturning an earlier ruling. The ruling does not affect other laws related to the sale of vapes.
Vape packaging ban overturned in Oregon, USA
According to OregonLive on October 16, the U.S. Court of Appeals for the state of Oregon ruled on Wednesday (16th) that state lawmakers violated the free speech protections of the state Constitution by banning vape manufacturers from using colored packaging for marketing.
Since 2015, state law has banned vapes from being marketed in “gorgeous packaging,” banning the use of mascots, cartoon characters, celebrity endorsements, and even “lighting up” some descriptive sentences, such as “Hot,” “popular,” “added,” etc.
Court Says Constitutional Freedom of Speech Violated
Paul Bates, head of Division vape company Vapor, filed a lawsuit in 2021 claiming the labels were an expression of free speech. Although he lost the first round of his lawsuit in Multnomah County Circuit Court, an appellate judge disagreed and struck down the law altogether.
- “It was an obvious legal issue, but I’m glad we finally won.”
Chief Judge Scott Shorr made an additional Oregon law that does not affect the sale of tobacco products to other groups under the age of 21 and requires such products to be kept behind the counter.
Due to the federal Food and Drug Administration, it is unclear whether the federal Food and Drug Administration will change the judgment on the customer side. The FDA has asked vape manufacturers to submit their products for review and reject those deemed not to meet public health standards.
In July America’s Supreme Court agreed to hear the case against the two manufacturers. The FDA rejected the suit filed by the merchandise.
A spokeswoman for the state’s Department of Health said some anti-vaping associations are still deciding whether to appeal. Officials in Washington and Multnomah counties passed bans on flavored vape brands, but the bans were suspended in a separate court battle while they said they were reviewing the implications of the ruling.
