Oregon Supreme Court OKs Washington County’s ban on flavored tobacco sales

The Oregon Supreme Court has upheld a Washington County ordinance that bans the sale of flavored tobacco products, including menthol cigarettes, vapes, and hookahs. In a unanimous opinion, the court determined that Oregon law regulating retail tobacco sales does not preempt counties from enacting more stringent rules. The ordinance, passed by the Washington County Board of Commissioners in 2021 and approved by voters, prohibits flavored tobacco and nicotine products, coupons or discounts for tobacco, and sales from kiosks, vehicles, and vending machines. The ruling came after a legal challenge from vape shop owners and a hookah cafe, who argued that the state's licensing law prevented the county from passing separate regulations. The court found that the county's ordinance is compatible with state law and that the legislature likely intended to allow, not prohibit, additional county regulation. The ban will not go into effect immediately, as the case returns to Washington County Circuit Court to address procedural issues. The decision comes amid federal changes, with the FDA recently approving the sale of two fruit-flavored vapes for adult use, a move the county says has not stopped the availability of flavored products on the black market. Washington County Public Health cited data showing that 71 percent of youth tobacco users in the county used flavored products, emphasizing that flavors are a key driver of youth experimentation and addiction.

(Source：Oregon Public Broadcasting - OPB)