November 2, 2023

The Health Department is taking steps to implement the flavored tobacco sales ban. The ban is scheduled to take effect on January 1, 2024. It will mean that retailers can no longer sell flavored tobacco and nicotine products. This includes menthol cigarettes.

There have been legal actions made by those who want to stop it from going forward. It’s not known when those court processes will be complete.

Until directed otherwise by the court, we are still preparing to put the new ordinance in place on January 1, 2024.

We will continue to provide updated information as it’s available.

What Retailers Can Expect

Our goal is not to give more penalties but to help you follow the new rule.

Before the new ordinance starts:

  • We will provide retailers with information to help you and your employees understand how to follow the new rule.

Once the ordinance takes effect:

  • We will check for flavored tobacco and nicotine products during routine inspections. If we find any, your store will be given a violation and you will be given a chance to fix the problem through a remediation plan.
  • You can avoid a penalty and clear the violation by removing the flavored products from your store by the time of the re-check inspection.
  • If we still find these products for sale when we recheck (after 15 days) your store may receive a penalty.

As always, the only time you will get an automatic penalty with a first-time violation is from an illegal sale of a tobacco product to a youth inspector.


The board approved the ordinance in December 2022 to take effect January 1, 2024. In June 2023, a lawsuit was filed to challenge the ordinance.

On September 1, 2023, the court ruled in favor of Multnomah County.

In October 2023, an appeal was filed, followed by a motion to suspend enforcement of the flavored tobacco sales ban. As of today, that has not been granted by the court.


Contact the Tobacco Control & Prevention Program at 503-988-4163,