Washington County, Oregon’s flavored vaping and tobacco ban has been struck down by a judge who stated that counties in Oregon do not have the authority to enact such measures and that they must come from the state legislature.
On Monday, Circuit Judge Andrew Erwin issued his ruling, noting that while counties can regulate how sales of such products are made, they cannot bar them entirely.
This effectively brings an end to a ban passed by the county’s Board of Commissioners in November 2021 and approved by voters in May 2022 after a petition was filed to put the matter on the ballot.
The ban sought to prohibit the sale of flavored tobacco products and flavored synthetic nicotine, as well as prohibit price promotions, coupons and discounts.
In a written statement issued on Wednesday, the county said that it disagrees with the Court’s ruling and is considering options for an appeal.
Washington County is located directly west of Portland and has a population of around 600,000 people.