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.
Schwartz v. Washington County, 22CV04836, Court of Appeals of the State of Oregon (2024).
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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.
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"We have explained that “[a] local ordinance is not incompatible with state law simply because it imposes greater requirements than does the state.” Thunderbird Mobile Club v. City of Wilsonville, 234 Or App 457, 474, 228 P3d 650, rev den, 348 Or 524 (2010) (internal quotation marks omitted). Instead, “a local law is preempted only to the extent that it ‘cannot operate concurrently’ with state law, i.e., the operation of local law makes it impossible to comply with a state statute.” Id.; see also Rogue Valley Sewer Services, 357 Or at 455 (citing Thunderbird Mobile Club, 234 Or App at 474, for that proposition)."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
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.