Multnomah County's flavored tobacco and vape ban imminent, but legal battle drags on

PORTLAND, Ore. (KOIN) — When it comes to banning flavored tobacco and vaping products in Multnomah County, the battle continues.

The ban was passed by county commissioners back in late 2022 and it is expected to take effect on Jan. 1. However, an emergency motion for a stay was filed in the Oregon Court of Appeals. The stay means the court’s decision on whether or not they will reverse course on the ban will be put on pause.

Effectively, people still won’t be able to buy flavored vapes, chewing tobacco or cigarettes when the calendar flips to 2024 until the appeals court makes a decision one way or another.

When the ban was originally adopted last year, county leaders like then-Commissioner Susheela Jayapal said “way too many children, young people are still getting access to the products.”

Deborah Kafoury, the former commissioner who was the board chair at the time, agreed that the ban would “save people’s lives” and that it would deter teenagers today from ever starting on tobacco or vape products.

The Centers for Disease Control and Prevention say young people who use e-cigarettes may be more likely to smoke traditional cigarettes in the future.

A similar legal challenge unfolded to a ban in Washington County.

“They're really dealing with the same substantive areas of law,” said attorney Tony Aiello Jr. “So it's surprising that we got different results in two different counts.”

Some local businesses who are looking ahead and thinking about the future say they want to stay open during the battle in court.

“We have seven locations in Multnomah County,” Angelina Rizhuk, the manager for House of Pipes, told KOIN 6 News. “They would lay off close to like 60 employees. And this is their way of you know, feeding their families.”

Multnomah County could agree to voluntarily not enforce the ordinance while the appeal is ongoing and a final decision is ultimately brought down.