PORTLAND, Ore. — The Oregon Court of Appeals on Wednesday upheld a Washington County ordinance banning all flavored tobacco sales.
Washington County commissioners approved Ordinance 878 in 2022, but it was not enforced because a circuit court judge overturned it. In his opinion, Circuit Judge Andrew Erwin wrote that prohibiting the sale of flavored tobacco must come from the state, not the county.
The county appealed the judge's decision, and on Wednesday, the court found that the county is not preempted by state law. Businesses will be inspected each year to make sure they are complying with the ordinance, according to Washington County's website.
Tony Aiello, Jr., the attorney for the plaintiffs-respondents, released a statement, saying, in part, "My Clients are disappointed with the decision by the Court of Appeals today and intend to seek review by the Oregon Supreme Court. We read the Court of Appeals’ decision to conflict with itself in several places and are optimistic that the Oregon Supreme Court will reach a different conclusion if our case is granted review."
A nonprofit aimed at reducing tobacco use and protecting kids reacted positively to the court's ruling. John Bowman, the executive vice president of U.S. Programs with the Campaign for Tobacco-Free Kids, released a statement, which said, in part, "These laws are critical to stopping the tobacco industry from continuing to hook kids with flavored products, including flavored e-cigarettes, menthol cigarettes and flavored cigars."
Washington County previously banned the sale of flavored nicotine in November 2021. County officials had argued that flavors, such as bubble gum, entice young people who buy tobacco products from retailers that don't check IDs. Voters ratified it as part of the May 2022 election.
In Multnomah County, a similar ban on flavored tobacco products that would have gone into effect this past January is on hold. The Oregon Court of Appeals issued a stay in late December. The court cited tobacco and vaping businesses that are concerned the ban would force them to permanently close if the court did not step in. The court decided to extend the pause due to an ongoing lawsuit intended to overturn the ban.
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