Oregon Revised Statutes Annotations

      Chapter 431A

 

      431A.175

 

NOTES OF DECISIONS

 

      Prohibition on inhalant delivery systems packaged in manner “attractive to minors” violates Article I, section 8, of Oregon Constitution. Bates v. Oregon Health Authority, 335 Or App 464, 559 P3d 924 (2024), Sup Ct review allowed

 

      431A.220

 

NOTES OF DECISIONS

 

      Prohibition on flavored tobacco and nicotine product sales enacted by political subdivision of state is not preempted by state tobacco retail licensure scheme. Schwartz v. Washington County, 332 Or App 342, 550 P3d 20 (2024), Sup Ct review allowed

 

      County regulations of tobacco and nicotine product sales in effect on or before January 1, 2021, are not expressly or impliedly preempted by state tobacco retailer licensure requirements, and county regulation programs are not required to include state standards but may operate concurrently with state’s regulation program. 21+ Tobacco and Vapor Retail Assn. of Oregon v. Multnomah County, 339 Or App 554, 570 P3d 287 (2025)

 

      431A.258

 

NOTES OF DECISIONS

 

      Notice requirement not expressly or impliedly preempted by Federal Hazardous Substances Act where federal agency has not exercised authority under Act to regulate same hazardous substances and associated risk of illness or injury. American Apparel & Footwear Association, Inc. v. Allen, 107 F4th 934 (9th Cir. 2024)

 

      431A.865

 

NOTES OF DECISIONS

 

      Federal Controlled Substances Act, 21 U.S.C. 876, preempts requirement under this section that U.S. Drug Enforcement Administration must have order from federal court before enforcing administrative investigative subpoena compelling Oregon Health Authority to disclose prescription records. Oregon Prescription Drug Monitoring Program v. United States DEA, 860 F3d 1228 (9th Cir. 2017)