The Oregon Court of Appeals issued a temporary stay halting the enforcement of Multnomah County's new ban on the sale of flavored tobacco and nicotine products.
The county's ban was set to go into effect on Monday, Jan. 1. With the court's temporary stay, issued Dec. 28, the ban won't be enforced until the court lifts the temporary stay or makes a final ruling on the legality of the ban.
The 21+ Tobacco and Vapor Retail Association of Oregon and other plaintiffs had filed a lawsuit to stop Multnomah County's ordinance in January 2023, just a month after county commissioners passed the ordinance.
The ban would apply to flavored tobacco and nicotine products, which are particularly popular among teens.
The ruling drew a quick response from a statewide anti-tobacco organization. “Big Tobacco targets Oregon kids with tobacco products flavored like cotton candy, watermelon and cool mint,” according to a press release from Flavors Hook Oregon Kids, a statewide coalition of more than 60 organizations focused on protecting the health of Oregon youths by ending the sale of flavored tobacco products. “Their goal is to attract and hook new young users on nicotine and tobacco. That’s why communities around Oregon are standing up for kids and against these dangerous products. We look forward to prompt action by the Court; each day of delay leads to more kids being hooked on nicotine.”
Vapes, also known as e-cigarettes, don't contain tobacco, but do typically contain nicotine. Nicotine is the addictive substance in cigarettes and is derived from tobacco.
In mid-December, a Multnomah County Circuit Court judge denied a request to halt enforcement of the ordinance.
If the ban goes into effect, Multnomah County would be the first county in Oregon to have such a prohibition. Washington County commissioners had tried a similar ban, but a Washington County Circuit Court judge ruled against the ordinance in fall 2022.
