Judge Greenlights Multnomah County Flavored Tobacco Ban for January

A Multnomah County circuit judge ruled this week that a ban on the sale of flavored tobacco products could go into effect in January, even though the tobacco industry’s appeal of an earlier decision upholding the ban is pending in the Oregon Court of Appeals.

Judge Ben Souede ruled Dec. 13 that the plaintiffs in the case, 21+ Tobacco and Vapor Retail Association of Oregon, No Moke Daddy, and Paul Bates, “have an extremely low likelihood of prevailing on appeal,” and “there is very little support in fact or law for plaintiffs’ appeal,” so a ban that Multnomah County commissioners passed in December 2022 can go into effect.

Souede’s ruling is a big win for anti-tobacco advocates, who fear the Legislature may not heed their call for a statewide ban on flavored tobacco products in the 2024 short session. (Five states have banned the sale of flavored tobacco. In Oregon, Washington and Multnomah counties have approved bans.)

Advocates cheered the court’s ruling.

“The tobacco industry has targeted youth with candy-flavored tobacco products. We applaud the judge’s decision to protect future generations of Oregonians,” said Brittany Grant, Western region director of the Campaign for Tobacco-Free Kids. “Big Tobacco knows that candy-, fruit- and menthol-flavored tobacco products addict kids. We are grateful for the fearless leadership from policymakers and community leaders in Multnomah County.”