Oregon appeals court upholds Washington County's ban on flavored tobacco
PORTLAND, Ore. (KOIN) — The Oregon Court of Appeals has upheld Washington County’s total ban against flavored tobacco and nicotine.
The appeals court issued its decision on Wednesday morning, stating the county’s ordinance doesn’t conflict with state laws.
Flavored tobacco and nicotine products and sales were first prohibited in November 2021, with a 3-2 vote from the county’s board of commissioners.
At the time, Gwyn Ashcom — tobacco prevention specialist for the public health department — told KOIN 6 the county had made progress in preventing combustible tobacco use among the youth, but the emergence of vapes caused an increase of over 10% in just a few years.
Washington County Ordinance 878 initially went into effect in December 2021, and officials were expected to enforce the total ban the following month.
“In enacting the ordinance, Washington County had joined nearly 350 localities nationally and five states that have passed flavor bans in an attempt to prevent teens and young people from getting addicted to nicotine by starting with vape flavors like bubble-gum, strawberry and tropical fruit fusion,” County Spokesperson Philip Bransford said in a statement.
“Although it is already illegal in Oregon to sell such products to youth, Ordinance 878 would remove the supply of flavored tobacco in the community altogether, reducing illegal sales and health risks to youth and adults alike,” he added.
But in January 2022, the county announced that residents gathered enough signatures to put the ban on hold and add it to the next ballot.
In the following primary election, the ordinance was passed once again with support from 75% of voters. Officials then issued an injunction against the ban later that summer, months after tobacco businesses that were affected by it took legal action against Washington County.
The following September, Circuit Court Judge Andrew Erwin ruled in favor of the businesses, stating the county doesn’t have authority over the state to prohibit flavored tobacco sales.
Tony Aiello Jr., who represented the 21+ Tobacco and Vapor Retail Association of Oregon in the case, is the lawyer who challenged Judge Erwin’s decision.
In response to the appeals court’s recent decision to uphold Washington County’s total ban, the lawyer said he and his clients are “disappointed” and plan to take their case to 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,” Aiello wrote in a statement.
He also said Oregon’s vaping retailers' association will work alongside state and local governments to pursue policies that decrease the youth’s access to the products.