from the Goldwater institute last Tuesday, as they have filed a lawsuit against the state of Oregon's health authority. In case you're unfamiliar with the ruling, O.A.R. 333-015-0357 states the following images and words cannot even be present on any eLiquids or any products in general, even though they are exclusive to 21+ age restricted stores: Cartoons, celebrities, athletes, mascots, fictitious characters played by people, or other people likely to appeal to minors, food, beverages, candy, desserts, soda, sweet flavors including fruit or alcohol, the shape of any animal, commercially recognizable toy, sports equipment, or commercially recognizable candy.
You'd think the mention of candy twice would have at least been caught by whomever wrote this cacamamie regulation. Yet it goes on, and I'm not joking, to ban terms or descriptive words including; tart, tangy, sweet, cool, fire, ice, lit, spiked, poppin', juicy, candy, desserts, soda, sweet flavors including fruit, or alcohol flavors. Basically words and pictures are outright banned.
The Goldwater institute makes a pretty good case too, the following quotes are taken from their website about this case: “Every business has a right to provide customers with accurate information about the products the business is legally allowed to sell. Freedom of speech doesn’t just help businesses succeed, though – it also ensures that customers get the information that they need to make wise choices. That’s certainly the case with regard to products that can benefit their health, including e-cigarettes or ‘vaping’ devices that are helping countless people to quit smoking. Yet Oregon is now censoring truthful information about these legal products by prohibiting retailers from putting pictures of apples, strawberries, and oranges – or even those very words – on their product labels. This censorship harms Oregon consumers and violates the constitutional rights of responsible entrepreneurs.”
This will be an interesting case to watch unfold as the eLiquid and vape industry has been nothing but compliant with any and all local, state, and federal laws. Not to mention always being ahead of the game with it's self regulation. Here's a video the Goldwater institute has released giving a brief but detailed rundown of the case.