At the Monday August 12 City of Lincoln City City Council meeting the council heard from Richard Burke, Executive Director of the 21+ Tobacco and Vapor Retail Association of Oregon. He asked the council to consider not passing a resolution to ask the Oregon State Legislature to declare a statewide “flavor” ban. 

He said, “This is ostensibly to help kids, to keep age restricted products out of the hands of minors-and we agree that that needs to be done. But the idea of a ban-it seems attractive- (if) something is not good then let’s ban it and it will be gone and everything will be ok. It’s attractive but not the way it works.”

Burke continued, “It’s been tried in other places, they come with lots of unintended consequences and we would like you to work with us to come up with an alternative resolution asking the legislature to pass alternative measures that would actually work and not have the unintended negative consequences of a ban and one that could actually pass the legislature.”

He listed some of the unintended consequences 

Black market alternatives that already exist that are laced with Fentanyl or Methamphetamines.

Burke cautioned that if a ban were to be put in place that Black market cartels would have a monopoly over those products.

“What we have seen in Massachusetts where they tried a flavor ban they (the cartels) make money, they sell more product, the ban doesn’t work and… you’re giving monopolies to killers and social predators.”

“We’re not saying these products (flavored vapes) are safe.  But they are less dangerous than traditional tobacco. They have nicotine…but they don’t have the damage (sic) that tobacco does because they don’t have tar… “He went on to cite the National Health Service of Great Britain is no trading vape pens for cigarettes relinquished by citizens…For adults it’s an important smoking cessation tool.”

Click this link to NHS website about vaping.

Tony Aiello Jr. a civil attorney from Canby, Oregon listed ways to strengthen Oregon laws without enacting an outright ban.

1. Require scanned age verification similar to liquor purchases

2. Amend Oregon’s tobacco retail license requirement that employees be over 21 to sell vape products

3. Create fines and training for store employees that knowingly sell to minors

4. Tighten Oregon’s ban on online selling.

Aiello concluded by saying that a resolution could be drafted for the council within 30 days if it so chose to work with his team.

A volunteer from the American Cancer Society Cancer Action Network spoke in favor of the resolution.

Ultimately the council voted unanimously (minus counselors Parsons and Hoagland who were absent) to direct city staff to provide more information concerning “unintended consequences” of an outright ban.