County in Oregon Suing to Undue Flavored Vape Ban

Multnomah County in the U.S. state of Oregon in December passed a law banning the sale of flavored tobacco products. Opponents of the ordinance filed a lawsuit in county circuit court Jan. 26, seeking to block the ban.

The plaintiffs, 21+ Tobacco and Vapor Retail Association of Oregon and a smoke shop called Division Vapor, argue that state law “specifically authorizes the licensed sale of tobacco products and inhalant delivery systems statewide” and that Multnomah County lacks the authority to ban the sale of flavored products used for vaping and in hookahs, according to Willamette Week.

The ban is scheduled to go into effect in January 2024.

“Plaintiff Division Vapor requires that anyone entering its store be at least 21 years old and has signs posted at the entrance stating this requirement,” the lawsuit says. “Division Vapor vigorously enforces its restrictions prohibiting entry of underaged individuals.”

The lawsuit follows an earlier effort by tobacco sellers in Washington County to overturn a ban passed by the board of commissioners there. In that case, a Washington County circuit judge ruled the county didn’t have the authority to issue such a ban. Multnomah County officials say that ruling has no bearing on their ban.

Lawmakers in Oregon recently introduced a new bill that would end the sale of flavored vaping and other tobacco products across the state.