Senate passes bill rewiring Oregonpackaging rules for vaping to address court ruling

The Oregon Senate on Monday approved Senate Bill 1198, replacing a statutory ban on vaping packaging described as "attractive to minors" with language directing the Oregon Health Authority to adopt rules "tailored judiciously to the specific purpose of protecting minors from the negative health effects of unlawfully using inhalant delivery systems." The bill passed on third reading and final passage and was declared passed by the Senate.

Senate Bill 1198 matters because the Oregon Court of Appeals last year found the earlier statutory phrasing unconstitutional for restricting expressive content. The bill's sponsor argued the revised language retains the state's goal of limiting youth-oriented packaging while meeting constitutional protections and aligning OHA rules with federal labeling standards.

Senator Rachel Taylor, the bill sponsor, told colleagues the Court of Appeals had held that the word "attractive" turned the prior law into a content-based restriction on speech and that the new language shifts focus to prohibited effects and harms rather than expressive content. "The new language is crafted with the intention of achieving the same results as the current statute, but doing so in a way that recognizes the strong constitutional protections afforded to Oregonians," Taylor said on the floor.

Taylor also noted the bill requires rules under the revised section to be "consistent with any regulations adopted by the U.S. Food and Drug Administration related to labeling and packaging requirements for inhalant delivery systems." She told senators the change was largely wordsmithing meant to preserve the status quo of protecting minors while addressing the court's constitutional concern.

Senator Brock Smith, who explained his vote against the measure, said his objection was broader than the bill text. "I voted against Senate Bill 11 98 for a number of reasons, but one of which is this attack and continuous attack on this industry," Brock Smith said, arguing the Legislature has not applied similar scrutiny to the illegal cannabis market. His comments were offered as a personal vote explanation during the roll call.

The Senate roll call recorded 22 yeas on the bill when the clerk announced the result and declared the measure passed.

The bill directs the Oregon Health Authority to craft rules on packaging and labeling that target specific harms to minors rather than prohibiting or restricting expressive content. The text preserved an explicit cross-reference requiring consistency with applicable U.S. Food and Drug Administration regulations, a detail Taylor highlighted as addressing federal-state overlap.

With the Senate's approval, the measure awaits further processing per legislative rules. The record on the floor shows the change is largely legal drafting intended to respond to the Court of Appeals' decision, without expanding or narrowing the state's stated objectives in public-health terms.