Tobacco control advocates are celebrating a unanimous ruling by the Oregon Supreme Court upholding a Washington County ordinance banning the sale of all flavored tobacco products and menthol cigarettes. The court found the ordinance is not preempted by state law.

Washington County first approved the ordinance in 2021 and voters upheld it the following year. Retailers then sued the county to block enforcement, arguing the ban would hurt business and state licensing law does not allow local restrictions.

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Christina Bodamer, senior government relations regional lead for the American Heart Association, said flavors play a key role in youth initiation and continued use of tobacco products.

“The tobacco industry aggressively markets their products where youth are most exposed,” Bodamer contended. “Retailers are near schools. They use social media platforms. And this is all because their profits depend on addiction.”

Bodamer pointed to research showing four of five youths who have ever used tobacco products started with a flavor.

She underscored local bans can be more effective than statewide action because cities and counties can respond more quickly to emerging products.

“Our hope is that the Supreme Court case ruling will inspire other counties not to wait for state action and instead will incentivize them to protect the youth of their communities,” Bodamer said.

Multnomah County is also trying to ban the sale of flavored nicotine products and has a similar case before the Oregon Supreme Court. Bodamer said she hopes the case will be dismissed in the wake of the Washington County ruling.