Starting from 2024, Multnomah County in northern Oregon, United States, will prohibit the sale of flavored electronic cigarettes as a measure to limit youth e-cigarette use and protect public health.
Deborah Caffery, the county chair, has approved a ban through unanimous voting during the board meeting, stating, "This will save lives.
Efforts to ban flavored tobacco and nicotine products in the county stem from the 2019 national panic surrounding electronic cigarettes, which was driven by severe lung illnesses, often found to be associated with illegal marijuana e-cigarette products. This work had been put on hold due to the pandemic.
The reality is that the panic surrounding e-cigarettes is not as dramatic as health officials may have initially believed, but the use of these products among young people is rapidly increasing. Concerns over the popularity of e-cigarettes among youth have led to efforts to ban nicotine products that might appeal to children.
According to estimations from the state, the use of e-cigarettes among Oregon's youth increased from 5% in 2013 to 23% in 2019. In 2020, however, this figure dropped to 12%.
Following a committee meeting earlier this month, one unresolved issue within the law was a proposal to exempt hookah lounges. Despite pleas from business representatives to acknowledge the cultural significance behind their operations, the exemption was rejected.
Retailers in the county will be banned from selling any flavored cigarettes, electronic cigarette products, chewing tobacco, or synthetic nicotine products, unless a court order prevents the ban from taking effect on January 1, 2024. It's important to note that the ban includes menthol cigarettes, which health officials say are particularly popular among Black people and have adverse effects.
To enforce the ban, county health officials will utilize the tobacco retailer license system, which allows officials to fine, suspend, or revoke the license to sell nicotine products for retailers who violate county rules.
This county is the second in Oregon to vote to ban flavored nicotine products, following in the footsteps of a similar law passed by the Washington state commissioner last year. However, the ban was never enforced. Although voters approved the ban, it was ultimately thrown out by a judge who ruled that the county did not have such broad powers.
Circuit Judge Andrew Erwin wrote in a ruling in September, "Decisions to prohibit licensed retail of such products must come from the state, not county by county." "Of course, the county has broad power to regulate sales practices, but they cannot entirely ban the sale.
Washington County has filed an appeal in this case, and the outcome of this appeal remains to be seen in terms of its impact on the ban in Multnomah County. Spokesperson Julie Sullivan-Springhetti stated that the commissioners concluded that the lawsuit in the neighboring county only applies to their own ban and is not comparable to Multnomah County's ban.
Sullivan-Springhetti stated, "Obviously, different courts have different options." He compared the ruling of a Washington county judge to that of the US Supreme Court, which this week allowed a statewide ban to take effect in California. "This is where the county fell apart.
The CEO of Plaid Pantry, Jonathan Polonsky, stated that he will wait and see if he needs to challenge the ban in Multnomah County. This decision will depend on the outcome of the appeal in Washington County and whether the state legislature takes independent action on flavored nicotine products.
Polonsky said of the law, "If the law is passed, we will obviously comply." However, he added, "We are very disappointed.
Compared to California's earlier ban on flavored nicotine products, Oregon's flavored nicotine law pales in comparison. R.J. Reynolds sued the state and lost in a lower court, ultimately appealing to the U.S. Supreme Court to block California's ban. On Monday, the court declined to do so, meaning the ban could take effect as early as next week.
According to the American Lung Association, as of October 1, nearly 90 local governments have completely banned flavored nicotine and tobacco products – including 71 in California – with the others being in Colorado, Massachusetts, Minnesota, Montana and New York. Additionally, 152 jurisdictions have enacted laws that in some way restrict the sale of these products and 345 communities have passed similar ordinances.
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