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Oregonians who want to ban the sale of flavored synthetic nicotine and tobacco products scored a victory last week as a court ruling paved the way for Washington County to proceed with a prohibition that has stood in legal limbo for years.
The fight comes amid a broader debate over flavoring in vapes and other addictive products, which critics see as an industry bid to hook kids. (Politico and other Beltway outlets reported that the recent resignation of U.S. Food and Drug Administration Commissioner Marty Makary came, among other things, as President Donald Trump demanded he authorize a line of fruit-flavored vaping pods.)
The 2021 Washington County ordinance, for its part, restricted sale of synthetic tobacco or nicotine products flavored to taste like “chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, molasses, fruit, or any candy, dessert, alcoholic beverage, herb, or spice.” Retailers sued, arguing the restriction violated their liberties and Oregon law.
Following the Oregon Supreme Court’s unanimous ruling this month in its favor, Washington County said it would take “some weeks” for the lower trial court to implement the decision, suggesting the ordinance will not immediately take effect.
Meanwhile, Multnomah County’s own tobacco and synthetic nicotine ban, which was supposed to take effect in 2024, is still held up in court.
“Multnomah County hopes and believes that the court’s reasoning should apply to our case as well,” county spokeswoman Sarah Dean tellsWW, “but we have to wait for the court to make a decision in our case.”
