Statement on Oregon Court of Appeals Ruling on Ordinance 878

We are pleased to learn of the Oregon Court of Appeal’s unanimous ruling in favor of Ordinance 878, which bans the sale of all flavored tobacco products in Washington County. The Board of County Commissioners adopted Ordinance 878 in November 2021 which was overwhelmingly supported by county voters in the May 2022 primary election. Although a Washington County Circuit Court ruling later that fall put the ordinance on hold, today’s opinion completely reverses that 2022 ruling. The case is now being sent back to Washington County Circuit Court for further proceedings consistent with today’s opinion.

In enacting the ordinance, Washington County had joined nearly 350 localities nationally and five states that have passed flavor bans in an attempt to prevent teens and young people from getting addicted to nicotine by starting with vape flavors like bubble-gum, strawberry and tropical fruit fusion. Although it is already illegal in Oregon to sell such products to youth, Ordinance 878 would remove the supply of flavored tobacco in the community altogether, reducing illegal sales and health risks to youth and adults alike.

The voter-approved ban would also address other important health equity issues. The tobacco industry aggressively markets to Black and Latino youth, LGBTQ youth and to low-income communities, and has been successful at getting kids in these communities to start smoking and vaping.

We appreciate the time the Court of Appeals spent examining the legal issues involved with this matter.