Multnomah County, Ore.’s Flavored Tobacco Ban Delayed Just Days Before Going Into Effect (Update)
Just days before it was scheduled to go into effect, Multnomah County’s ban on the sale of flavored tobacco products has been paused by the Oregon Court of Appeals, becoming the latest chapter in a battle between the county and tobacco retailers.
It is also a move that comes just about three months after a Multnomah County judge upheld the ban; in September, Multnomah County Circuit Court Judge Benjamin Souede said that the county, acting as the local public health authority, had the ability to pass ordinances that would regulate the sale of flavored tobacco products.
“To the contrary, and with striking clarity, ORS 431A.218(2) expressly authorizes local health authorities to pass such ordinances,” wrote Soude in his ruling. 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.
Unsatisfied with that result, a group called 21+ Tobacco along with the Vapor Retail Association of Oregon, No Moke Daddy, LLC, and vape shop owner Paul Bates, appealed it. With the relief provided by the Oregon Court of Appeals, retailers in the county will be allowed to continue selling flavored tobacco products for the immediate future.
Multnomah County passed its ban on the sale of flavored tobacco and nicotine products in December 2022, with a targeted start date of Jan. 1, 2024.
Covering a major part of the Portland metropolitan area, Multnomah County is Oregon’s most populous county with approximately 803,000 residents. It also is home to 771 licensed tobacco retailers.
Update (Feb. 29, 2024) — The court extended its stay today, keeping the ban from going into effect for an indefinite period of time as it continues to review the matter.
Patrick Lagreid
I strive to capture the essence of a cigar and the people behind them in my work – every cigar you light up is the culmination of the work of countless people and often represents generations of struggle and stories. For me, it’s about so much more than the cigar – it’s about the story behind it, the experience of enjoying the work of artisans and the way that a good cigar can bring people together. In addition to my work with halfwheel, I’m the public address announcer for the Colorado Rockies and Arizona Diamondbacks during spring training, as well as for the Salt River Rafters of the Arizona Fall League, the WNBA's Phoenix Mercury and previously the Arizona Rattlers of the Indoor Football League. I also work in a number of roles for Major League Baseball, plus I'm a voice over artist. Prior to joining halfwheel, I covered the Phoenix and national cigar scene for Examiner.com, and was an editor for Cigar Snob magazine.
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