Oregon City explores local flavored-nicotine ban after Oregon Supreme Court ruling

City staff briefed the Oregon City Commission on June 9 about a recent Oregon Supreme Court decision upholding Washington County’s ordinance banning flavored tobacco and synthetic nicotine, and commissioners agreed to pursue next steps including coalition outreach and drafting a possible local ordinance.

A city staff member, Carrie, summarized the court’s holding and how it affects local authority. She said the court concluded county-level prohibitions on flavored nicotine can coexist with Oregon’s 2021 tobacco-licensing regime and are not preempted, provided the local regulation does not outright prohibit all tobacco sales. "The court said that these two systems can exist independently," Carrie said, as staff outlined implications for cities that might want to adopt similar bans.

Staff presented three options: (1) lobby Clackamas County to adopt a ban, alone or in coordination with other cities; (2) await renewed state legislative action; or (3) proceed with a city ordinance modeled on Washington County’s ordinance. Commissioners debated legal risk, geographic scope and enforcement. Several said they preferred building a coalition of cities in Clackamas County first; others argued the city should move in parallel and not wait.

Commissioner Rocky Smith and Mayor Denise McGriff cited youth testimony and hospital clinicians’ accounts about nicotine dependence as reasons for urgency. Commissioner Adam Marl said he sympathized with the public-health concern but asked for caution about unintended consequences for adults who use vaping products as alternatives to smoking.

The police chief described enforcement options modeled on Washington County’s approach — education and warnings followed by ticketing for subsequent violations — and recommended retailer outreach before active enforcement.

The commission instructed staff to: provide Washington County and Multnomah County ordinance language as examples; draft a plug-and-play ordinance for Oregon City based on those models; and pursue outreach to neighboring cities and the League of Oregon Cities to build support. The mayor said she would contact nearby mayors to seek a coalition or county-level coordination. Staff will return to a work session with a draft ordinance and recommended enforcement approach.