Years-long battle over banning flavored nicotine products in Oregon continues, fight returns to Salem in 2025

(Update: Adding video, KTVZ.COM Poll)

Group plans to try again at Legislature; retailers group vows to fight; Kelsey Merison reports at Five

BEND, Ore. (KTVZ) -- A statewide coalition aimed at permanently banning the sale of flavored nicotine and tobacco products says Oregonians overwhelmingly support its mission, but enacting a statewide ban has been a years-long challenge.

"Before they know it, they're addicted. And that's really the hard part,” Christina Bodamer, the Oregon Government relations director for the American Heart Association, told NewsChannel 21.

According to a recent poll conducted by Flavors Hook Oregon Kids, 61% of Oregon voters support some sort of statewide action when it comes to the sale of flavored nicotine and tobacco products.

Michael Cox, the campaign manager for Flavors Hook Oregon Kids, said, “Whether you cut the poll by political party or by geography, majority support for this issue is sustained throughout all those populations within the state of Oregon.” 

Oregon already requires retail tobacco licensing. All businesses selling tobacco, nicotine products, and inhalant delivery systems must obtain a license to sell the product, similar to alcohol and marijuana retailers.

But Flavors Hook Oregon Kids, a coalition comprised of more than 60 organizations like the American Heart Association, is focused on banning the sale of these products, which they say appeal to children.

"Our goal for the 2025 legislative session is actually to pass statewide policy that would restrict the sale of all flavored tobacco products," Bodamer said. "And we're really looking at a comprehensive policy that will get all flavors, all products in all locations.”

Oregon’s Multnomah and Washington counties previously passed ordinances ending the sale of flavored tobacco products. But since then, it’s been a back-and-forth battle.

In 2021, Washington County commissioners voted in favor of banning the sale of flavored tobacco and nicotine products, but a circuit court judge struck it down, saying a prohibition would need to come from the state.

"We're wary of those loopholes," Bodamer said. We’ve been caught unaware before. We really want to make sure that this is as strong of a policy as possible.”

In May of this year, the Oregon Court of Appeals upheld the local regulation, stating it does not conflict with state laws. The case was then sent back to Washington County Circuit Court.

In 2022, Multnomah County Commissioners unanimously voted to approve a similar ban — but it was put on hold in 2023 over a lawsuit. It was then appealed, and finally was temporarily paused pending the outcome of the legal challenge.

Numerous cities, counties and school district have signed letters urging state lawmakers to take action.

"The City of Bend and Deschutes County both recently passed resolutions urging the state to take up this issue again next year,” said Cox.

Those who work in the industry are fearful a ban would force businesses to shut down.

Joseph Shannon, who works at a smoke shop in Redmond, said, "It’s 90% of what we sell. If that were to happen, we wouldn't be able to, per se, be a business any more.”

Shannon manages Inhale Exhale, a store owned by a member of the nonprofit VAR21 (Vaping Association of Retailers).

Richard Burke, the group's executive director, said, "VAR21 is out to educate the population on the responsible sales of these products. We also are working very hard to help our members increase their levels of compliance. We came into existence because of the rush to ban products."

Burke said if these products were to go away, negative implications would follow.

"That will not solve the problem, and will cost about $200 million in tax revenue," he said. "A ban would bring about negative consequences, including an expanded black market. That isn't going to solve the problem."

Flavors Hook Oregon Kids is working on bill aimed at banning these products to present during the 2025 legislative session - which VAR21 is prepared to fight.