Oregon Health Authority Sued Over Anti-Free Speech Regulations

The Goldwater Institute has filed a lawsuit in Oregon District Court on behalf of local vape business owner against the Oregon Health Authority, to challenge government imposed anti-speech restrictions.

Diane Caruana

December 19, 2018

Division Vapor is taking a stand against Oregon’s lawmakers, who have imposed restrictions that prohibit vape shop retailers from providing their customers with accurate information about the products they are selling. An article on the The Goldwater Institute’s website, who has taken up the cause on behalf of Division Vapor, explains that even basic product descriptions are prohibited.

Oregon’s lawmakers have imposed restrictions that prohibit vape shop retailers from providing their customers with accurate information about their products.

“..for example, they are not allowed to sell, say, a strawberry-flavored vaping liquid with a drawing of a strawberry—or even the word “strawberry”—on the label because the state regulators say such products are appealing to children. But these rules are less about protecting kids and more about prohibiting business owners from describing their products to their customers,” explains the piece.

Paul Bates, the owner of Portland vape shop Division Vapor, says that like him, many of his customers have also used vaping to quit smoking. However, he adds, his ability to sell the products is now being compromised by Oregon’s regulations, such as having to censor many of the products with stickers before they can hit the shelves.

“I started this business about five years ago, and it’s been hugely rewarding. We’re switching people from smoking to non-smokers, and yet now we have a law that prevents and stops us from having freedom of expression,” Bates said.

These rules hurt both consumers and free-speech rights

The Goldwater Institute is pointing out that these regulations are part of a trend by which the US government is keeping adults from being able to take their own decisions. “While proponents of Oregon’s regulations say they’re trying to protect children, these rules not only hurt consumers, but they hurt the free speech rights of hardworking small business owners trying to make a living,” said Goldwater Institute Senior Attorney Matt Miller.

“We hope that the court will recognize that vape shops like Division Vapor shouldn’t have to censor labels that accurately describe vaping liquids and be prevented from displaying those products in a way that is attractive to adult customers.”

Read Further: Bates v. Oregon Health Authority