SALEM, Oregon -- In a significant public health victory, the Oregon Supreme Court today issued a unanimous decision affirming Washington County’s 2021 law that ended the sale of menthol cigarettes and all other flavored tobacco products.
The high court confirmed the Washington County Ordinance (WCO 878) is not preempted by Oregon's Tobacco Retailer Licensure statutes. The American Cancer Society Cancer Action Network (ACS CAN) applauds the decision as a significant step toward a healthier Oregon, keeping youth from ever starting to use tobacco and helping people quit. The ruling was especially welcome considering the U.S. Food and Drug Administration’s recent authorization of some flavored e-cigarette products despite clear health risks and against scientific consensus.
There will be nearly 28,000 cancer diagnosis in Oregon this year as well as nearly 9,000 deaths, 27.9% of which will be caused by smoking. For decades, Big Tobacco has deliberately targeted and marketed menthol products to Black communities and LGBTQ+ communities while also using flavors to target and addict young people to their deadly products. This has resulted in disproportionate tobacco use and tobacco-related disparities among these populations. In fact, nearly all youth who have ever tried an e-cigarette, or who currently report using e-cigarettes, report using a flavored product. Tobacco is the leading cause of preventable death in the United States, taking more than 480,000 lives per year.
The following statement can be attributed in full or part to Jane Leo, ACS CAN Oregon Government Relations Director:
"The Oregon Supreme Court today gave our local government leaders a tool they need to build healthier communities, one that Washington County led the way with and we hope others will now choose to follow. Big Tobacco is ruthless in its attempts to entice future generations to its deadly products. The tobacco industry knows that flavors hook kids, which is why they target them with candy, fruit and minty sweet menthol flavored tobacco products including flavored e-cigarettes and nicotine pouches, meant to lure them into a lifetime of addiction. Research shows that flavors drive overall youth tobacco use, with more than 80% of youth who have ever used tobacco starting with a flavored product.”
The following statement can be attributed in full or part to ACS CAN Oregon volunteer Pat Salas of Hillsboro in Washington County:
"As someone who has seen the devastating toll of tobacco use and as a grandmother, I’m incredibly proud of this moment. After five years of fighting for our communities and our kids, this ruling is a major step toward protecting the next generation from addiction."