Oregon Democrats Push for Statewide Ban on Flavored Tobacco Products

Oregon flavored nicotine products ban

Oregon lawmakers are considering a bill that would ban the sale of flavored tobacco products, including vapes and synthetic nicotine pouches, in an effort to curb the state’s high rate of tobacco use among high school students, which is more than double the national average.

Senate Bill 702, sponsored by Sen. Lisa Reynolds (D-Portland) and 17 Democratic co-sponsors, aims to address this issue by requiring all tobacco products to be sold at licensed retailers, effectively blocking online purchases that could circumvent the ban.

The bill’s origins can be traced back to 2015 when advocates urged the Multnomah County Board of Commissioners to ban flavored tobacco products, arguing that their mint and candy-like flavors were enticing to children. As cigarette consumption declined in Oregon and nationwide, the tobacco industry sought new ways to attract young customers, despite public health officials warning that vaping carried many of the same health risks as smoking.

In 2021, Washington County passed a local ban on flavored tobacco products, which was upheld on appeal, while Multnomah County’s similar ban, passed in 2022, remains in limbo due to legal challenges from retailers. Advocates, however, prefer a statewide ban to avoid patchwork regulation.

The bill has garnered support from numerous health organizations, including the Oregon Pediatric Society, Health Share of Oregon, the American Cancer Society, and the American Lung Association. Carrie Nyssen, the Lung Association’s lobbyist, testified, “We must counter [tobacco companies’] attempts to hook the next generation of nicotine-addicted youth to their products.”

Opposition to the bill comes from the Northwest Grocery Retail Association, convenience stores, vape and tobacco stores, and individuals who object to the state eliminating sales to adults to reduce illegal consumption by children, given that Oregon already prohibits the sale of tobacco products to those under 21.

Dr. Brian E. Erkkila, a former FDA official now working for a subsidiary of Philip Morris International, warned that the bill could have unintended consequences, potentially driving adult smokers back to combustible cigarettes, the most harmful form of tobacco use.

The bill’s passage will require significant effort from Democrats, who hold supermajorities in both chambers, as a similar bill died in 2023, and the tobacco industry and its allies have successfully defeated many such bills across the country. After a March 4 hearing before the Early Childhood and Behavioral Health Committee, SB 702 awaits further action.

Matthew Ma
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