Oregon Supreme Court Rejects Appeal of Multnomah County’s Flavored Tobacco Vape Ban

The Oregon Supreme Court on Thursday declined to review the Oregon Court of Appeals’ decision upholding Multnomah County’s ban on flavored tobacco and nicotine products.

Legal challenges have so far delayed the ordinance from taking effect since it was passed four years ago. It was not immediately clear when the ban would go into effect.

“Flavors are one of Big Tobacco’s biggest tricks to hook the next generation of Oregonians on their deadly products,” Christina Bodamer, who leads the Western states region of the American Heart Association, said following the court’s decision.

The Board of County Commissioners originally approved the ordinance banning flavored tobacco and nicotine products in December 2022 to take effect Jan. 1, 2024. But the ordinance hit a roadblock: a court challenge by the 21+ Tobacco and Vapor Retail Association of Oregon, e-cigarette retailer No Moke Daddy LLC, and vape shop owner Paul Bates.

It has been working its way through the state court system since. The Multnomah County Circuit Court upheld the ban in September 2023. The state Court of Appeals continued the pause on implementation February 2024, before upholding the ban in an April 2025 decision. The Supreme Court’s denial of review marks the end of the saga.

The Supreme Court rejected a challenge to a similar restriction in Washington County in May. That now sets up both ordinances to go into effect, which will together ban flavored tobacco and nicotine for one-third of Oregonians. A similar ban failed in the Oregon Legislature in 2025, dying in committee.

Tobacco use is the top cause of preventable death and disease in Oregon, according to the Oregon Health Authority. More than 8,000 Oregonians die from tobacco use each year.

Supporters of the ban argue that flavored tobacco acts as a gateway for underage use. According to Flavors Hook Oregon Kids, a coalition of more than 60 organizations that support the ban, 81% of Oregonian kids who’ve used tobacco started with flavored products. And flavored products are much more popular among kids and young adults than older adults, OHA says.

Richard Burke, executive director of the 21+ Tobacco and Vapor Retail Association of Oregon, tells WW the group is disappointed that the Supreme Court did not take up the case. He argues that banning flavored tobacco “has effectively granted a monopoly to the black market,” where flavored products are often laced with more dangerous substances.

“We agree with the goal of keeping these products out of the hands of minors,” Burke says. “But this is an overcorrection that will result in unintended consequences as has been shown by attempts to institute flavor bans in other parts of the country.”

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