PORTLAND, Ore. — A ban on flavored tobacco products passed by Multnomah County commissioners will remain on hold indefinitely after a county appeals court decided to extend its stay while a lawsuit intended to overturn the ban goes forward.
The ban was intended to take effect Jan. 1, 2024, but the court ordered a temporary halt just days before the new year.
A group called Flavors Hook Oregon Kids has championed the ban, lauding it as a way to reduce vaping of flavored nicotine products among youth. Multnomah County commissioners unanimously voted to approved the ban back in 2022, and it prevailed in a September 2023 circuit court ruling.
County health officials expressed concern about the number of preventable deaths and health issues associated with tobacco and nicotine products. In Multnomah County, cancer and heart disease are the leading causes of death.
"I am really grateful to Multnomah County Commissioners for leading the state in so many tobacco-related policies from raising the legal sales age to 21, implementing tobacco retail licensing, and now the restricted sale of flavored tobacco products,” said Tobacco Control and Prevention Program Supervisor Kari McFarlan in December. “This ordinance is another step toward protecting young people from the harms of tobacco and nicotine."
But attorneys representing businesses that sell tobacco products argued to the Oregon Court of Appeals that the ban would destroy their livelihoods, which the appeals court appeared to find convincing in its Thursday order.
"Here, although respondent makes persuasive arguments in support of its view that the trial court’s decision on the merits of this case was correct, the court is persuaded that appellants have demonstrated some likelihood of success," Appellate Commissioner Theresa Kidd wrote. "Coupled with the extreme harm that will result from the denial of a stay ... the court concludes that it is appropriate to grant appellant’s motion."
If the ban were to survive this court challenge, Multnomah County would be the first in the state to successfully ban flavored tobacco and nicotine products. A judge in Washington County struck down their ban in 2022, determining that any such prohibition would need to come from the state.
But the Washington County case isn't over — it, too, is now before the Oregon Court of Appeals. Arguments in the case are set to begin March 28, and the court acknowledged in its Multnomah County order that the outcome of the Washington County case could change the legal landscape and cause them to re-evaluate the stay.