The County's flavored tobacco and nicotine sales ban is currently being challenged in court. On February 28, 2024, the Oregon Court of Appeals issued an order that continues a pause on implementation of the ban pending the outcome of the legal challenge.
There is no change for your business at this time. Multnomah County licensed tobacco retailers can continue to legally sell flavored tobacco and nicotine products until further notice.
We will continue to share updates as more information is available.
What Retailers Can Expect When the Ban Goes Into Effect
Our goal is not to give more penalties, but to help you follow the new rule.
Once the ordinance takes effect:
- Our inspectors will visit retailers to provide education about the changing requirements and answer your questions.
- We will begin checking 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 violation is from an illegal sale of a tobacco product to a youth inspector.
Background
- December 2022 - Board of County Commissioners approved the ordinance to take effect January 1, 2024.
- June 2023 - A lawsuit was filed to challenge the ordinance.
- September 1, 2023 - The court ruled in favor of Multnomah County.
- October 2023 - An appeal was filed, followed by a motion to suspend enforcement of the flavored tobacco sales ban.
- December 28, 2023 - The Oregon Court of Appeals issued an order that temporarily halts Multnomah County's enforcement of the new flavored tobacco sales ban.
- February 28, 2024 - The Oregon Court of Appeals issued an order that continues a pause on our implementation of the ban pending the outcome of the legal challenge.
Questions?
Contact the Tobacco Control & Prevention Program, 503-988-4163, hlth.tobacco.prevention@multco.us