TOBACCO CONTROL LAWS

21+ Tobacco and Vapor Retail Association of Oregon v. Multnomah County

The Oregon Court of Appeals upheld Multnomah County’s law ending the sale of flavored tobacco products, finding that it is not preempted by state law. The lawsuit, initiated by the tobacco industry, challenged the county's authority to enact such a ban, which was set to take effect in 2024. This decision follows a 2024 Court of Appeals ruling upholding a similar law in Washington County. The court's decision affirmed that local health authorities have the legal right to regulate the sale of tobacco products to protect public health.​

The Campaign for Tobacco-Free Kids filed an amicus brief, joined by other leading public health, medical and community groups, in support of the Multnomah County law (see "Related Documents").

21+ Tobacco and Vapor Retail Association of Oregon v. Multnomah County, 339 Or App 554, Court of Appeals of the State of Oregon (2025).

  • United States
  • Apr 9, 2025
  • Court of Appeals of the State of Oregon
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Parties

Plaintiff

  • 21+ Tobacco and Vapor Retail Association of Oregon
  • No Moke Daddy, LLC d/b/a Division Vapor
  • Paul Bates

Defendant Multnomah County

Legislation Cited

Multnomah County Ordinance (MCO) 1311

Tobacco retail licensure (TRL), ORS 431A.190 to 431A.220

Related Documents

CTFK Amicus

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)
Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
Preemption
The subject matter of the case should be dealt with at a state level or national level.

Type of Tobacco Product

None

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