Impact Story | Washington County’s Flavored Tobacco Ban Upheld: A Victory Years in the Making
On May 7, the Oregon Supreme Court unanimously upheld Washington County’s ban on the sale of all flavored tobacco products. After years of legal challenges from retailers who sued to block it, Ordinance 878 can finally move forward.
The ruling enforces what Washington County voters already made clear in May 2022, when they approved the ordinance by a 77% margin. County commissioners passed the measure in 2021 based on evidence that’s tough to ignore: flavored products hook kids on tobacco and make quitting harder for everyone.
The timing makes this victory particularly meaningful. May is both Asian American and Pacific Islander (AAPI) Heritage Month and Women’s Health Month, and Washington County’s ban directly protects communities the tobacco industry has deliberately targeted for decades.
What the Ban Does
In Washington County, 76% of 8th graders and 75% of 11th graders who use tobacco started with flavored options. Ordinance 878 bans the sale of menthol cigarettes, flavored e-cigarettes, and flavored cigars. It also prohibits price promotions, coupons, and discounts on all tobacco products, which is critical since youth are more price-sensitive than adults. Violations are civil infractions with fines ranging from $435 to $2,000 for individuals and $4,000 for corporations. Each day of non-compliance counts as a separate violation.
Protecting Washington County’s AAPI Communities
During AAPI Heritage Month, Washington County’s victory carries particular weight for Asian communities, as it has Oregon’s largest Asian population. Between 2010 and 2020, the county’s Asian population increased by 55%—making this ban one of the most significant tobacco prevention policies affecting Oregon’s AAPI communities.
Asian Americans are not a monolith. Washington County’s Asian population includes dozens of distinct ethnic groups, and the tobacco industry has targeted different communities accordingly through cultural celebrations, ethnic-language media, and community sponsorships.
The numbers show the targeting worked. In 2019, 77% of Native Hawaiian and Pacific Islander adults who smoked used menthol brands, along with 41% of Asian American adults who smoked, compared to 30% of white adults. In 2011, over half of Asian youth who smoked chose menthol cigarettes.
For Washington County’s growing AAPI communities, this ban disrupts decades of deliberate targeting.
Why This Matters for Women’s Health
Women face specific harms that make this ban particularly important during Women’s Health Month. Cigarette smoking kills more than 200,000 U.S. women annually—more than breast cancer. Yet women’s smoking rates have fallen more slowly than men’s: 59% since 1965 compared to 66% for men.
Lung cancer now kills more women than breast cancer, and women who smoke face higher risks of respiratory diseases and reproductive complications. The industry has targeted women for over a century. The 1929 “torches of freedom” campaign encouraged women to smoke in public under the guise of feminism, which started a pattern of identity marketing/targeting that continues today with sweet-flavored vapes marketed as lifestyle accessories.
By banning flavored products that mask tobacco’s harshness, Washington County cuts off one of the industry’s most effective recruitment tools and protects the next generation of women.
What Happens Next
Washington County Public Health is preparing for enforcement through a complaint-driven system. Any business selling tobacco, synthetic nicotine, or vape products must comply.
This victory represents years of work by county commissioners, public health officials, and community members. The ordinance survived industry-backed legal challenges, won overwhelming voter support, and will now protect hundreds of thousands of people.
Tobacco costs Oregon roughly $2.9 billion annually in medical expenses and lost productivity. Nearly 8,000 Oregonians die each year from tobacco-related diseases. Washington County’s ordinance will reduce those numbers and show other jurisdictions what’s possible when local public health takes the lead.
This win belongs to everyone who showed up: commissioners who passed the ordinance, voters who backed it, public health staff who built the evidence, and community members who refused to let the tobacco industry write the rules in their neighborhoods.
Resources:
About Washington County’s Ordinance 878
Tobacco’s Impact on Women’s Health
Tobacco’s Targeting of AAPI Communities
Oregon’s Tobacco Toll
About CLHO