Tag: Oregon

Oregon Measure to Ease Path to Cannabis Union

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In Oregon, Measure 119, which would allow cannabis workers to form unions, passed on Tuesday with a vote of 55% to 45%.
The measure will require cannabis businesses to enter “labor peace agreements,” promising to stay neutral when union organizers communicate with their workers.
After lawmakers declined to pass a similar law last year, union representatives brought the measure to voters, arguing the agreements were needed because of uncertainty over how federal labor law applies to cannabis workers, media reports.
While the measure faced no organized opposition, business interests and attorneys for the Legislature previously argued that the agreements could conflict with federal labor laws.
November 7, 2024
Oregon Court Strikes Down Vape Packaging Law

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The Oregon Court of Appeals on Oct. 16 struck down a law restricting the packaging of vape and cannabis products on the grounds that the legislation unconstitutionally restricts free speech, reports Keller & Heckman.
The contested law prohibited an “inhalant delivery system” from being packaged “in a manner that is attractive to minors.” Subsequently, the Oregon Health Authority banned the use of cartoons, celebrities and other representations that are likely to appeal to minors.
It also restricted descriptive words for flavors that are likely to appeal to minors, such as tart, tangy or sweet. In addition to a comprehensive list of items explicitly prohibited from packaging, the rule includes a general catch-all restriction to include any presentation, shape, graphic, coloring or writing that is likely to appeal to minors.
Plaintiffs Paul Bates and No Moke Daddy argued that the packaging restrictions were overly broad and unconstitutionally vague and infringed on their right to free speech by prohibiting truthful, non-misleading communication.
the Oregon Court of Appeals reversed a lower court’s dismissal of the challenge, noting that the law violates free speech as outlined in the Oregon Constitution.
The Court of Appeals explained that selling products is a form of communicative behavior that may involve protected speech. The court stated that the law restricting “attractive” packaging is reasonably interpreted to refer to the communicative aspects of the packaging and not its functionality. Thus, the packaging restrictions are a direct restriction on expressive speech.
October 24, 2024
Lawsuit Alleges ID for ‘All’ Nicotine Sales Illegal

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Many retailers in Oregon have implemented universal ID checks for alcohol or nicotine products. That means they’ll card you — even if you’re 50, 60 or 70 years old. Retailers explain that the point is to eliminate guesswork and make sure kids don’t drink or smoke.
A pair of class action lawsuits are looking to undo those policies, alleging they violate Oregon law.
“I understand their reasoning. Trying to protect themselves from selling to underage kids,” said Scott Dale of Molalla, a plaintiff in one of the lawsuits. “But you can’t do that when there are privacy laws in place.”
Oregon law prohibits swiping a driver’s license except under certain circumstances, including the sale of age-restricted products if there is any reasonable doubt that the person is 21, according to media reports.
According to Oregon Administrative Rules, reasonable doubt exists if the person appears to be under the age of 26.
“The law does not allow a business to swipe every driver’s license on every transaction,” said Portland attorney Michael Fuller.
The law, passed by the Oregon legislature in 2009, was intended to prevent data collection from driver’s licenses and ID cards.
“The concern is privacy,” said Fuller.
Plaid Pantry and WSCO Petroleum, which owns Astro gas stations, are both being sued in separate class action lawsuits over their universal card-swiping policies.
Fuller argued state law is clear, and violations can result in hefty penalties. The law allows an individual to recover actual damages or $1,000, whichever is greater. If the violation is intentional, the court can triple damages.
“The Oregon Legislature made a policy decision and decided that it wasn’t going to allow corporations to scan drivers’ licenses unless there was a reason for it in hopes of reducing the risk of a future data breach,” said Fuller.
Retailers claim the government encourages the scanning of ID and driver’s licenses to help prevent the sale of alcohol and tobacco to kids.
September 6, 2024
County in Oregon Pushing State to Ban Vape Flavors

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Leaders of Deschutes County, Oregon, are asking the state Legislature to ban flavored tobacco products to protect kids from smoking or vaping. “Nine out of ten adults who smoke reported that they started smoking before the age of 18,” Deschutes County Tobacco Prevention Specialist Jasmine Gerraty told Commissioners Monday.
Commissioner Tony DeBone was the lone ‘No’ vote, saying he doesn’t believe the county has much authority on the matter: “There’s a lot of good information here. There’s a legislative choice at the Legislature.” In 2020 and ’23, with the commissioners’ approval, Deschutes County public health officials testified in Salem in support of statewide bans that later failed.
Commissioner Phil Chang read part of a proclamation he approved Monday, saying, “Whereas ‘Big tobacco’s’ use of candy flavors like bubblegum, blue raspberry, root beer and minty menthol have an increased likelihood of attracting new and existing consumers – especially students and other targeted groups – on the massive hits of nicotine their tobacco products can deliver.”
Commission Chair Patti Adair also approved of the proclamation, reading in part, “Be it resolved that Deschutes County strongly encourages the Oregon Legislature to pass legislation ending the sale of flavored tobacco products. This action is necessary to protect our children, students and other targeted groups from starting or continuing the use of candy-flavored and minty-menthol tobacco products.”
July 23, 2024
Oregon Court of Appeals Approves Local Flavor Ban
The Oregon Court of Appeals upheld a Washington County ban on flavored tobacco sales.
Washington County commissioners approved Ordinance 878 in 2022, but it was not enforced because a circuit court judge overturned it.
In his opinion, Circuit Judge Andrew Erwin wrote that prohibiting the sale of flavored tobacco must come from the state, not the county.
The county appealed the judge’s decision, and the court found that the county is not preempted by state law. According to Washington County’s website, businesses will be inspected each year to ensure compliance with the ordinance.
Tony Aiello, Jr., the attorney for the plaintiffs-respondents, released a statement, saying, in part, “My Clients are disappointed with the decision by the Court of Appeals today and intend to seek review by the Oregon Supreme Court.
“We read the Court of Appeals’ decision to conflict with itself in several places and are optimistic that the Oregon Supreme Court will reach a different conclusion if our case is granted review.”
May 4, 2024
Judge Grants Stay for Multnomah County Flavor Ban

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Multnomah County’s flavored tobacco ban is now on hold.
The flavor ban in the largest county in Oregon was set to go into effect on Jan. 1.
In a ruling Friday, the Oregon Court of Appeals issued a temporary stay against the policy, pending ongoing litigation.
The owner of a local vape shop said they were preparing to pull dozens of products off their shelves before getting the news.
He said flavored products make up 90% of their business, according to KATU news.
“It was going to be a trip. Like I’d have zero nicotine devices available, but again, those aren’t like a popular seller, so it was going to take some strategy to even to be able to stay in business,” said Marcus Nettles, owner of Rose City Vapers.
December 30, 2023
Oregon’s Largest County to Ban Flavored Nicotine

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The largest county in Oregon, the 27th largest U.S. state, will ban all flavored nicotine products other than tobacco beginning January 1. Multnomah County will go into effect after surviving a court challenge.
Last week, Multnomah County Circuit Court Judge Benjamin Souede denied a request by the tobacco industry to halt enforcement of the county ordinance.
The decision paves the way for Oregon’s largest county to become the first in the state to ban flavored tobacco, according to media reports.
Earlier this year in Salem, state lawmakers considered House Bill 3090, which would have enacted a similar ban statewide. It had the support of one Republican lawmaker, Sen. Bill Hansell of Athena, and two Portland physicians, Rep. Lisa Reynolds and Sen. Elizabeth Steiner.
It passed out of the House health care committee on a party-line vote, with Democrats in favor and Republicans against, but died in the Joint Ways and Means Committee.
December 29, 2023
County in Oregon Suing to Undue Flavored Vape Ban

Multnomah County in the U.S. state of Oregon in December passed a law banning the sale of flavored tobacco products. Opponents of the ordinance filed a lawsuit in county circuit court Jan. 26, seeking to block the ban.
The plaintiffs, 21+ Tobacco and Vapor Retail Association of Oregon and a smoke shop called Division Vapor, argue that state law “specifically authorizes the licensed sale of tobacco products and inhalant delivery systems statewide” and that Multnomah County lacks the authority to ban the sale of flavored products used for vaping and in hookahs, according to Willamette Week.
The ban is scheduled to go into effect in January 2024.
“Plaintiff Division Vapor requires that anyone entering its store be at least 21 years old and has signs posted at the entrance stating this requirement,” the lawsuit says. “Division Vapor vigorously enforces its restrictions prohibiting entry of underaged individuals.”
The lawsuit follows an earlier effort by tobacco sellers in Washington County to overturn a ban passed by the board of commissioners there. In that case, a Washington County circuit judge ruled the county didn’t have the authority to issue such a ban. Multnomah County officials say that ruling has no bearing on their ban.
Lawmakers in Oregon recently introduced a new bill that would end the sale of flavored vaping and other tobacco products across the state.
January 28, 2023
Oregon Lawmakers Introduce Vape Flavor Ban Bill

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Lawmakers in Oregon introduced a new bill that would end the sale of flavored vaping and other tobacco products across the state.
House Bill 3090 aims to end the sale of menthol cigarettes and all other flavored tobacco products. This includes hookah, e-cigarettes, cigars, and smokeless tobacco, reports KATU.
“We have been setting ourselves up for success through the legislature for the last seven years, to get to the point now where we can finally have a huge impact on reducing the pipeline of new customers,” said Jamie Dunphy, the Oregon director of government relations for the American Cancer Society.
Dunphy said the bill is the next step in reducing the number of people who vape.
Washington County, Oregon’s flavored vaping and tobacco ban was struck down by a judge who stated that counties in Oregon do not have the authority to enact such measures and that they must come from the state legislature.
January 22, 2023
Washington County, Oregon Flavor Ban Struck Down

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Washington County, Oregon’s flavored vaping and tobacco ban has been struck down by a judge who stated that counties in Oregon do not have the authority to enact such measures and that they must come from the state legislature.
On Monday, Circuit Judge Andrew Erwin issued his ruling, noting that while counties can regulate how sales of such products are made, they cannot bar them entirely.
This effectively brings an end to a ban passed by the county’s Board of Commissioners in November 2021 and approved by voters in May 2022 after a petition was filed to put the matter on the ballot.
The ban sought to prohibit the sale of flavored tobacco products and flavored synthetic nicotine, as well as prohibit price promotions, coupons and discounts.
In a written statement issued on Wednesday, the county said that it disagrees with the Court’s ruling and is considering options for an appeal.
Washington County is located directly west of Portland and has a population of around 600,000 people.
September 23, 2022