IN THE COURT OF APPEALS OF THE STATE OF OREGON
VAPOR TECHNOLOGY VAPE CRUSADERS PREMIUM E-LIQUID,
and SMOKELESS SOLUTIONS, LLC,
Petitioners,
v.

OREGON HEALTH AUTHORITY,
Respondent.

Court of Appeals No. A172417 (Control)

 

NO MOKE DADDY, LLC, dba Division Vapor, an Oregon limited liability company;
and PAUL BATES, an individual,
Petitioners,

V.

OREGON HEALTH KATE BROWN, in her official capacity as Governor
of Oregon and as Chief Executive of the Oregon Health Authority; and PATRICK
ALLEN, in his official capacity as Director of the Oregon Health Authority,
Respondents.

Court of Appeals No. A172419
ORDER GRANTING TEMPORARY STAY

Petitioners seek judicial review of a temporary administrative rule adopted by the
Oregon Health Authority, OAR 333-015-1000, that prohibits retailers from "offer[ing] for
sale a vapor product containing a flavor, to a consumer in Oregon." The rule became
effective October 15, 2019. Petitioners have moved to stay enforcement of OAR 333-
015-1000 pending judicial review. Petitioners have further requested that the court
grant an immediate temporary stay, before respondents will have had the opportunity to
file a response to the motion for stay, because, petitioners assert, as a result of the rule,
they, along with numerous other similarly situated businesses, will be forced to
permanently close within weeks.

The request for an immediate and temporary stay is granted. Enforcement of
OAR 333-015-1000 is stayed temporarily, pending respondents having the opportunity
to respond to the motions for stay, petitioners having the opportunity to reply, and the
court considering the parties' filings and rendering a decision on the motions.

\ldelb

THERESA M. KIDD
APPELLATE COMMISSIONER
10/17/2019 1:00 PM

 

 

 

 

c: David Angeli Kristen Tranetzki Tyler Francis
Benjamin Gutman Ryan Adams ej

ORDER GRANTING TEMPORARY STAY

 

REPLIES SHOULD BE DIRECTED TO: State Court Administrator, Records Section,
Supreme Court Building, 1163 State Street, Salem, OR 97301-2563
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