Appeals Court Upholds Washington County Flavor Tobacco Ban Ruling

According to a recent report by Koin, the US Court of Appeals for Oregon recently issued a ruling upholding Washington County's complete ban on flavored tobacco and nicotine. The court stated that the county's ordinance does not conflict with state law.

In November 2021, the county committee enacted a flavor ban on tobacco products for the first time with a vote of 3 to 2. Regulation number 878 initially took effect in December 2021, and is expected to be enforced in January of the following year.

In January 2022, the county announced that residents had collected enough signatures to put the ban on hold and add it to the next ballot. In the following primary election, the ordinance again received support from 75% of voters and was passed. Subsequently, after tobacco companies affected by the ban took legal action against Washington County, officials issued a stay on the ban. In September, Circuit Court Judge Andrew Erwin made a ruling in favor of these companies, stating that the county did not have the authority to override the state and prohibit the sale of flavored tobacco.

Tony Aiello Jr., the lawyer representing the state's Tobacco and E-Cigarette Retailers Association, expressed disappointment with the ruling, stating that the case will continue to be appealed to the Oregon Supreme Court.

We have read that the rulings of the appellate court are contradictory in several places. We are optimistic that if our case is granted review, the Oregon Supreme Court will reach a different conclusion.