Senate committee hears broad opposition to bill giving Oregon Health Authority rulemaking power over vape packaging

Senate Bill 1198, which would give the Oregon Health Authority (OHA) targeted rulemaking authority to restrict packaging of inhalant delivery systems to protect minors, drew extensive public testimony and pushback at the Senate Committee on Rules on April 21.

Sen. Kathleen Taylor, D‑Portland, who introduced the measure, told the committee the bill restores packaging protections adopted after a 2015 law and is designed to let OHA adopt rules “around packaging that will protect minors from the negative health effects of unlawfully using inhalant delivery systems.” She said the measure is intended to preserve the state’s prior approach after a court invalidated part of the existing statute.

The bill’s legal design was described in detail by Victor Reuther, deputy legislative counsel. Reuther said OHA has appealed the Court of Appeals ruling in Bates v. Oregon Health Authority to the Oregon Supreme Court and then summarized Oregon’s free‑speech test under State v. Robertson. He said the 2024 Bates decision struck down a prior statutory packaging prohibition as a category‑1 restriction on expression…