TOBACCO CONTROL LAWS

Schwartz v. Washington County

The Oregon Court of Appeals upheld Washington County Ordinance (WCO) 878 ending the sale and distribution of flavored tobacco products and flavored synthetic nicotine products, finding that it is not preempted by state law. This decision overturns a lower court ruling that blocked the law. Since Oregon does not require tobacco retailers to sell any particular type of tobacco product or "inhalant delivery system," Oregon’s tobacco retail licensing scheme can operate concurrently with Washington County's ordinance. 

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Schwartz v. Washington County, 22CV04836, Court of Appeals of the State of Oregon (2024).

  • United States
  • May 1, 2024
  • Court of Appeals of the State of Oregon

Parties

Plaintiff

  • Jordan Schwartz
  • Jonathan Moran
  • Serenity Vapors, LLC
  • Torched Illusions, LLC
  • Belal Yahya
  • Hookah Cafe, LLC, dba King's Hookah Lounge

Defendant Washington County

Legislation Cited

Washington County Ordinance (WCO) 878

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

Related Documents

None

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

Substantive Issues

Preemption
The subject matter of the case should be dealt with at a state level or national level.

Type of Tobacco Product

E-cigarettes and other ENDS products
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
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