Earlier this month, Multnomah County Circuit Court Judge Benjamin Souede upheld Multnomah County’s ban on the sale of flavored tobacco and nicotine products that it passed last December, saying that current law does not prevent the county, acting as the local public health authority, from passing ordinances that will regulate the sale of flavored tobacco products.
The suit challenging the legality of the ban was filed by a group called 21+ Tobacco along with the Vapor Retail Association of Oregon, No Moke Daddy, LLC, and Paul Bates. It argued that the county’s tobacco retail licensure program were both unlawful and unenforceable.
“To the contrary, and with striking clarity, ORS 431A.218(2) expressly authorizes local health authorities to pass such ordinances,” wrote Soude. ORS 431A.218(2) says that each local public health authority may enforce standards for regulating the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety.
The judge went on to say that the plaintiffs’ argument was flawed and not persuasive.
As it stands now, the ordinance banning the sale of flavored tobacco and nicotine products by licensed tobacco retailers in Multnomah County will go into effect in January 2024.