Oregon's Supreme Court revisited a law meant to keep vapes from marketing to children, and it later ruled that vape sellers can use "flashy" packaging and market their products using terms such as "juicy" and "cool," Oregon Business reported.

According to Ashland News, Oregon's seven Supreme Court justices heard arguments over a 2015 law banning vape products "packaged in a manner that is attractive to minors." In 2024, the Oregon Court of Appeals struck down the law, and the state appealed the decision, which plays a key role in determining whether public health safeguards can outweigh free speech claims from vape retailers.

What's happening?

A 2015 statute enforced by the Oregon Health Authority (OHA) bans vape packaging that uses symbols such as cartoons, candy, and toy imagery. OHA previously narrowed those definitions in 2023 to target recognizable toys, candy, and images of minors; however, the Oregon Court of Appeals ruled in October 2024 that the law infringes on "expressive speech." 

During a hearing earlier this month, Chief Justice Meagan A. Flynn questioned whether the court could narrow the law rather than strike it down entirely. Carson Whitehead, senior assistant attorney general for the Oregon Department of Justice, agreed that clearer guidance from the court would help the OHA implement the law fairly.

An attorney for a conservative think tank who sued the state on behalf of the owner of a vape shop argued that the law was unconstitutionally vague. Ultimately, Judge Scott Shorr ruled that Oregon's ban on colorful vape packaging violated constitutional free speech protections.

Why is this case on youth vaping important?

Beyond the legal debate, vaping has become a growing threat to both public health and the environment. Studies show that nicotine exposure can harm adolescent brain development and increase the risk of addiction, anxiety, and respiratory illness, according to the Centers for Disease Control and Prevention.

Simultaneously, the booming market for disposable vapes has fueled a surge in plastic waste, toxic e-waste, and improperly discarded lithium batteries that can leak chemicals or ignite fires. 

Vapes pile up in parks, beaches, and waterways, creating a new form of pollution. This ruling could have regulated an industry that has a track record of harming youth and the environment, though it ultimately did not.  

What's being done about youth vaping?

Oregon continues to enforce strict tobacco and vape regulations, including a 21-and-over sales limit, child-resistant packaging rules, campus possession bans, and a 65% wholesale tax on e-cigarettes. 

Across the country, organizations such as the American Lung Association provide resources and partner with leaders to prevent teenagers from picking up vapes and help them quit if they are addicted. If you or a loved one is struggling with the negative consequences of youth vaping, visit the American Lung Association's website or the website of your state health department for help. 

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