OHA statement on stay of rules banning flavored vaping product sales, Oct. 24

The Oregon Health Authority has been informed that the Court of Appeals granted a temporary stay of OHA’s rules that ban the sale of flavored vaping products at retail stores. This decision means these rules are, for now, not in effect; the agency is communicating with its partners, including local public health authorities and other state agencies, that enforcement of the rules will be temporarily suspended. The stay does not affect flavored cannabis vaping products sold at Oregon Medical Marijuana Program dispensaries. The emergency disease reporting rule is still in effect. Governor Brown’s executive order to enact a temporary ban on the sale of flavored vaping products is an evidence-informed strategy to prevent youth, as well as adults attracted to flavors, from becoming exposed to the health risks from vaping products and from becoming addicted to nicotine. The recommendations from the Governor and the resulting rules from OHA and OLCC are intended to help our agencies protect the health of all Oregonians. OHA continues to investigate vaping-associated lung injuries, and continues to urge all Oregonians who use vaping products to stop vaping immediately and take advantage of cessation resources. In addition, OHA encourages businesses, despite the stay, to voluntarily keep flavored vaping products off the shelves to protect Oregonians. OHA will continue its work on a statewide prevention and education campaign aimed at discouraging the use of vaping products, and on legislative proposals to permanently ban all flavored vaping products, require the disclosure of all ingredients in vaping products, increase the regulatory oversight of vaping products, and clarify and expand OHA’s authority to take action when there is a public health risk from these products. The DOJ’s appellate division will be defending the rules and responding to the request for a stay.