- May 8, 2026
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The Oregon Supreme Court has unanimously upheld Washington County’s ordinance prohibiting the sale of flavored tobacco products, ruling that the measure is not preempted by state law. The decision affirms a previous Oregon Court of Appeals ruling and reinforces the ability of local governments in Oregon to regulate flavored tobacco sales.
The ordinance, approved by the Washington County Board of Commissioners in 2021 and later backed by voters in a 77%-23% referendum in May 2022, bans the sale of flavored tobacco products including flavored e-cigarettes, flavored cigars and menthol cigarettes.
Public health groups hailed the ruling as a significant legal victory that could encourage additional local restrictions across Oregon and potentially support efforts for statewide legislation. The Campaign for Tobacco-Free Kids called on Oregon lawmakers to adopt a statewide flavored tobacco ban following the decision.
Anti-tobacco advocates argue that flavored products remain a key driver of youth initiation. According to the group, nearly 90% of youth e-cigarette users consume flavored products, while roughly four out of five youth tobacco users began with flavored products.
The ruling is expected to be closely watched by tobacco manufacturers, retailers and distributors as local jurisdictions across the U.S. continue pursuing flavored tobacco restrictions, particularly on menthol cigarettes and flavored vaping products. The decision may also strengthen the legal footing of similar municipal ordinances facing industry challenges in other states.
Washington County’s law is part of a broader national trend toward tighter regulation of flavored nicotine products amid ongoing debates over youth access, harm reduction and adult consumer choice.