Vape shops are back in business selling flavored products in two more states after judges halted bans temporarily in Oregon and Montana. That makes the vaping industry four for four in lawsuits seeking temporary pauses on state bans.
All of the bans issued so far have been implemented by executive actions, using emergency powers. Like legislators, courts have appeared unimpressed by examples of unchecked executive power, and have pushed back.
The Oregon Court of Appeals on Thursday issued a temporary stay of Gov. Kate Brown’s six-month ban on flavored nicotine vaping products, but not on the ban of flavored cannabis vapes. (The two kinds of products are regulated by different state agencies.)
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