Oregon Supreme Court Upholds Washington County Ban on Menthol and Flavored Tobacco

In a ruling seen as a massive win for public health, the Oregon Supreme Court has affirmed Washington County’s 2021 law ending the sale of menthol cigarettes and all other flavored tobacco products.

Flavored Tobacco Product Bans in Oregon

The county-level ban of flavored tobacco in Washington recognizes that the product drives youth addiction and has a huge toll on the health of Oregonians.

The court confirmed the Washington County Ordinance (WCO 878) is not preempted by Oregon’s Tobacco Retailer Licensure statutes.

It is estimated that there will be nearly 28,000 cancer diagnoses in Oregon this year, and nearly 9,000 deaths, 27.9% of which will be caused by smoking.

Research shows that more than 80% of youth who have ever used tobacco started with a flavored product.

Jane Leo, American Cancer Society Cancer Action Network (ACS CAN), Oregon Government Relations Director, confirmed that the industry targets young Black and LGBTQ+ communities.

She said, “The tobacco industry knows that flavors hook kids, which is why they target them with candy, fruit and minty sweet menthol flavored tobacco products including flavored e-cigarettes and nicotine pouches, meant to lure them into a lifetime of addiction.”

ACS CAN applauded the decision as a significant step toward a healthier Oregon, keeping youth from ever starting to use tobacco and helping people quit.

The ruling is some progress, but the statewide issue remains unresolved, particularly after the U.S. Food and Drug Administration recently authorized some flavored e-cigarette products, despite clear health risks and against scientific consensus.

Multnomah County passed a similar ban, but its enforcement has been temporarily halted by the courts pending further legal challenges.

The Oregon Legislature is also considering bills (such as Senate Bill 702) to restrict the sale of flavored nicotine and tobacco products statewide. A 2020 attempt by the Oregon Health Authority to ban flavored vaping products was suspended following a court ruling.

ACS CAN Oregon volunteer Pat Salas, and grandmother in Hillsboro, Washington County, said, “After five years of fighting for our communities and our kids, this ruling is a major step toward protecting the next generation from addiction.”