Lawsuit filed against flavored tobacco ban in Oregon county

In December of last year, a law was passed in Multnomah County, Oregon, prohibiting the sale of flavored tobacco products. Opponents of the regulation filed a lawsuit on January 26, 2023, seeking to block the ban in the county circuit court.

The plaintiff, Oregon 21+ Tobacco and E-Cigarette Retailers Association, along with a smoke shop called "Division Vapor," argued that state law "specifically authorizes the sale of tobacco products and e-cigarettes throughout the state," and that Mendocino County has no authority to prohibit the sale of flavored products for e-cigarettes and hookah.

The ban is set to come into effect in January 2024.

The plaintiff, Division Vapor, is requesting that individuals entering its store be at least 21 years of age and for signage to be posted at the entrance indicating this requirement. According to the lawsuit, Division Vapor strongly enforces its restriction on underage individuals entering the premises.

The lawsuit was filed after tobacco vendors in Washington County attempted to overturn a ban imposed by the committee. In that instance, a Washington County judge ruled that the county did not have the authority to issue such a ban. Officials in Motenoma County have stated that this ruling does not have any impact on their own ban.

Lawmakers in Oregon have recently proposed a new bill that would ban the sale of flavored e-cigarettes and other tobacco products throughout the state.