Oregon Makes Progress on Statewide Ban on Flavored Tobacco

Today, on April 5, reports indicate that Oregon may soon join five other states in banning the sale of flavored nicotine products, according to a proposal currently moving through a Democrat-controlled legislative body.

A plan to ban all flavored tobacco products (such as menthol cigarettes and flavored e-cigarettes) was approved by the House Behavioral Health and Health Care Committee on Monday and is now being submitted to the Joint Committee on Ways and Means.

It is currently unclear why the bill is being submitted to the budget committee for review, as it does not authorize any spending.

Members of the healthcare committee revised House Bill 3090, delaying the effective date from October of this year to July 2024, and exempting hookah lounges from the ban. Supporters of hookah argue for the split, citing the cultural significance of such practices and gathering places.

Discussions supporting and opposing the ban focus on health benefits, particularly for young people, and the revenue loss for places selling the products.

“Many of these are small businesses, first and second-generation Americans, who will be hit hard by this,” said Representative Ed Diehl from R-Salem.

Portland Democratic Representative Thuy Tran stated that she would choose the health and well-being of the next generation over profits and money for our state. “We will tackle this issue together, but we want to save our children's future.”

For years, parents and children have been urging Oregon leaders—including during the 2018 gubernatorial debate—to take action to address the widespread use of e-cigarettes among minors.

Multnomah County, which enacted a county-wide ban last year, cited statistics indicating that flavored tobacco products have led to an increase in long-term tobacco use after a 25-year decline in cigarette sales. According to the National Library of Medicine, 8 out of 10 young people using tobacco products started with flavored nicotine products.

However, some legislators believe that a statewide ban will not stop anyone from using flavored tobacco products.

“I think we will just return to the black market, and we will face the same issues, but now we will have fewer ways to enforce it,” said Representative Cyrus Javadi from R-Tillamook.

Alex Clark, CEO of the Smoke-Free Alternatives Consumer Advocacy Association, stated that using flavored products is a step for people to quit smoking.

“It will ban products that are clearly less harmful than smoking,” Clark said in an interview.

In February 2020, Oregon legislators considered banning flavored e-cigarettes, but the ban was vetoed by Democratic leaders under heavy lobbying from the tobacco and e-cigarette industry.

According to disclosures submitted to Oregon, Altria, JUUL, and Reynolds American reported spending $345,000 that year lobbying Oregon legislators.

At that time, if voters approved a significant increase in tobacco and e-cigarette taxes, state leaders would raise over $100 million annually for Medicaid programs, despite opposition from the tobacco industry potentially hindering this.

Ultimately, this tax measure faced no organized opposition and was easily passed. Taxes on e-cigarettes began in January 2021, while cigarette taxes were significantly increased to boost state revenue and curb smoking.

In November 2021, Washington County banned the sale of flavored nicotine in Oregon, and after opponents submitted it for a vote, voters subsequently supported the ban.

Plaid Pantry CEO Jonathan Polonsky led the push to reconsider the ban, and after voter support, other retailers challenged it in court.

In September 2022, Circuit Judge Andrew Owen blocked the ban, stating that the decision must come from the state. Washington County's appeal of Owen's decision is still pending.

In December 2022, Multnomah County banned the sale of flavored nicotine products, with the ban set to take effect in January next year. County health officials will impose fines on any retailers selling flavored nicotine products using the tobacco retailer licensing system or revoke their entire sales license.

Portland Democratic Representative Hai Pham is the primary sponsor of HB 3090, stating that last year over a quarter of Oregon stores had undercover decoys attempting to purchase nicotine products but failed to swipe the decoy cards.

“HB 3090 addresses the root of the problem by restricting the sale of flavored tobacco products to prevent youth from starting to smoke,” Pham said.

The Joint Committee on Ways and Means will next review the bill, but no meetings have been scheduled yet.