In Victory for Kids and Public Health, Oregon Supreme Court Upholds Washington County Law Ending Sale of Flavored Tobacco Products
Statement of Heidi Low, Western Regional Advocacy Director, Campaign for Tobacco-Free Kids
Washington, DC – In a unanimous decision, the Oregon Supreme Court today upheld Washington County’s ordinance ending the sale of all flavored tobacco products, finding it is not preempted by state law. Today’s ruling is a tremendous victory for kids and public health and affirms the authority of local governments in Oregon to address the devastating toll of tobacco use, the leading preventable cause of death. This decision upholds an earlier ruling of the Oregon Court of Appeals.
In 2021, the Washington County Board of Commissioners approved the ordinance ending the sale of all flavored tobacco products, including flavored e-cigarettes, flavored cigars and menthol cigarettes. Voters in Washington County upheld the ordinance in a May 2022 referendum by a 77% to 23% margin. Today’s decision enforces the will of Washington County voters. To protect all Oregon’s kids, we urge the state legislature to enact a statewide law ending the sale of all flavored tobacco products.
Flavors play a key role in youth initiation and continued use of tobacco products. About 4 out of 5 youth who have ever used tobacco started with a flavored product and nearly 90 percent of youth who use e-cigarettes report using flavors. The tobacco industry has a long history of targeting kids with flavored products. By ending the sale of flavored tobacco products, policy makers can protect kids, save lives and save money by reducing tobacco-related healthcare costs, which total $1.8 billion a year in Oregon.
We applaud the leaders of Washington County and public health advocates who championed the county’s flavored tobacco law. The Campaign for Tobacco-Free Kids filed an amicus brief at every step of this legal process, joined by other leading public health, medical and community groups.