Multnomah County, Ore. Commissioners Unanimously Approve Final Reading of Flavored Tobacco Ban

On Thursday evening, leaders in Oregon’s most populated county unanimously approved the second and final reading of a proposal to ban the sales of flavored tobacco and vaping products.

During the bill’s journey from proposal to passage, the issue of public health and restricting youth access to tobacco versus the interests of business became one of the central points of contention. A study that the Board of County Commissioners often cited during the legislative process indicated that 1-in-4 Oregon 12th graders reported that they had used vaping products within the past 30 days.

“When we make these types of decisions, we know that there are going to be individuals who will be impacted,” said Chair Deborah Kafoury, “and this is not taken lightly.”

During the first reading of the ordinance, an amendment was proposed to exempt the county’s three hookah lounges from the ban, a proposal that was denied by a 4-1 vote. On Thursday, commissioners reiterated their understanding of the impacts of the vote.

“I do know that these businesses were going to be out of business and that does give me heartburn. For that, I am sorry,” said Commissioner Lori Stegmann, who proposed the exemption for hookah lounges.

With its passage, the ban is scheduled to go into effect on Jan. 1, 2024, though there is the potential for it to meet a challenge in court. A similar ban that was passed in Washington County, Ore. is currently undergoing a legal challenge, with a judge ruling that it violated state law, saying that counties in Oregon do not have the authority to enact such measures and that they must come from the state legislature. Multnomah County officials believe their ban does not violate state law, and the Campaign for Tobacco Free Kids has obtained a legal opinion that indicates a belief that Washington County’s ban will eventually be overturned.

Multnomah County covers a major part of the Portland metropolitan area, including a portion of Portland itself. While it is the state’s smallest county by area, it is the most populous with approximately 803,000 residents. It also is home to 771 licensed tobacco retailers.