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Flavored tobacco ban set to start Jan. 1 in Multnomah County on pause after court's order

The ban was set to start on Jan. 1. Vape businesses argued it would drive them to permanently close.

PORTLAND, Ore. — The Oregon Court of Appeals has temporary halted Multnomah County's ban on flavored tobacco products that was set to start on Jan. 1. 

The court issued a stay on Friday morning that pauses enforcement of the ban pending ongoing litigation. In the court's order, it cited concerns from tobacco and vaping interests that the ban would force businesses to permanently close if the court did not step in. 

If the ban would have gone into effect, Multnomah County would have become the first county in Oregon to ban flavored tobacco. 

Michael Cox represents the Flavors Hook Oregon Kids Campaign. It's a movement made up of dozens of organizations across the state that aim to protect kids from tobacco.

Cox said while the campaign would have liked to see the ban go into effect on Jan. 1, they look forward to seeing action by the court.

"We feel that tobacco products flavored like cotton candy shouldn’t be sold here in the state of Oregon. Its too easy for kids under 18 to get their hands on a product," Cox said. We know that smoking flavored vapes often leads to smoking tobacco cigarettes."

On Thursday, KGW spoke to vape and tobacco shop owners around the Portland area. Sheila LaPlante, manager for Vape Lounge at Tobacco Land on Northeast Sandy Boulevard in Portland, said it was clear to her what would happen if Multnomah County's flavored tobacco ban was to go into effect. 

"All businesses would basically have to close up and all the employees would lose their jobs, while all the customers go to Clackamas County [or the state of Washington] and give them all their business," LaPlante said.

LaPlante said 98% of her business is flavored tobacco or vaping products. She would have been forced to close and lay off seven staff members.

A motion filed on Dec. 20 by tobacco and vaping interests asked the Oregon Court of Appeals for an emergency stay on the order before the new year.

It stated the ban would "permanently and irreparably harm" vape stores and similar parties, leading to the "evisceration of their businesses, termination of employees, breach of leases, and substantial lost income."

County health officials said the ban would address preventable deaths and health issues, pointing to studies that show young people use flavored products as a gateway to nicotine addiction.

"This ordinance is another step toward protecting young people from the harms of tobacco and nicotine," said Kari McFarlan, Tobacco Control and Prevention Program Supervisor.

In 2022, a judge ruled against a similar flavored tobacco ban in Washington County.

KGW reached out to Multnomah County for comment on the court of appeals' emergency stay order Friday. This story will be updated with their response. 

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