The Oregon Court of Appeals overturned a law restricting the packaging of vape and marijuana products on Oct. 16, Keller & Heckman reports, arguing that the legislation unconstitutionally restricted free speech.
The controversial law prohibits packaging “inhalant delivery systems” “in a manner that is attractive to minors.” The Oregon Health Authority then banned the use of cartoons, celebrities, and other representations that could appeal to minors.
It also restricts descriptive words for flavors that could appeal to minors, such as sour, tangy, or sweet. In addition to a comprehensive list of items that are specifically prohibited from packaging, the rule includes a general catch-all restriction that includes any display, shape, graphic, coloring, or text that could appeal to minors.
Plaintiffs Paul Bates and No Moke Daddy argued that the packaging restrictions were overbroad and unconstitutionally vague and violated their free speech rights by prohibiting truthful, non-misleading communications.
The Oregon Court of Appeals overturned a lower court’s decision to dismiss the challenge, stating that the law violates free speech as outlined in the Oregon Constitution.
The Court of Appeal explained that selling goods is a communicative act that may involve protected speech. The court said that the law restricting “attractive” packaging is reasonably interpreted to refer to the communication aspect of packaging, not its functionality. Therefore, the packaging restriction is a direct restriction on expressive speech.
In this incident, Veehoo vape closely followed the development of the law. As part of the vape industry, Veehoo attaches importance to the norms of free speech and packaging design. The company believes that while balancing the protection of minors from potential harm, the right of enterprises to express themselves in product packaging and publicity should also be protected.
Veehoo vape hopes that future regulations will be clearer and fairer, ensuring product safety while safeguarding the legitimate rights and interests of enterprises. This incident has also triggered other companies and stakeholders in the industry to think about and pay attention to the regulations on free speech and product packaging.
As a member of Veehoo vape, we will continue to pay close attention to industry trends and are committed to complying with regulations, protecting consumer interests, and promoting the healthy development of the industry.
Tags: Oregon vape Packaging Law，Oregon Health Authority，veehoo vape