Multnomah County is inching forward with a possible ban on flavored tobacco products, despite a legal ruling that’s hindered a similar effort in Washington County.

Multnomah County will hold a public hearing Monday, Nov. 28, picking up where it left off when the onset of the pandemic paused an earlier push.

Officials in both counties argue that flavored tobacco products hook young users who access them illegally and that manufacturers target people of color.

Washington County commissioners enacted a ban in November 2021 under Senate Bill 587, which created a statewide framework to license and regulate tobacco sales. The first-in-Oregon ban went into effect in January but faced a legal challenge from retailers almost immediately and was never enforced. Voters upheld the ban in May, but Washington County Circuit Judge Andrew Erwin ruled in September that SB 587 didn’t permit the ban, which he said must be statewide, not county by county.

“The county has broad power to regulate how sales are made, but they cannot bar them entirely,” Erwin wrote. “To the extent that the county’s reasons for doing so have merit, that merit would extend to the entire state.”

Washington County appealed the ruling last month.

Supporters of such bans, including American Cancer Society Cancer Action Network and Campaign for Tobacco-Free Kids, argue that Erwin’s ruling was wrong and doesn’t prevent Multnomah County from adopting its own local prohibition on flavored tobacco.

— Beth Slovic; bslovic@oregonian.com; @bethslovic; 503-221-8551