Bill banning flavored tobacco products fails to pass WA Legislature

Senators look to the 2026 legislative session following the failure to pass more taxes on tobacco products and ban flavored tobacco.

By Michaela Ely

On April 27, the Washington state legislative session failed to pass a bill that would ban flavored tobacco products and would raise taxes on tobacco products. In the U.S. a total of 43.6% of middle and high school students use e-cigarette products, according to the Center for Disease Control. 

Flavored tobacco products have been the target of bans for several years, as almost 90% of youth who vape use flavored e-cigarettes, according to the American Lung Association. 

In Washington state, it was found that 7.6 percent of sophomores in high school use e-cigarettes, according to Flavors Hook Kids Washington, an organization that aims to ban these products. Over 1.6 million children nationwide have been found to use these products as well.?In a poll by FM3 Research, it was found that 63% of Washington residents would support ending the sale of flavored tobacco in the state. 

“Washington’s elected leaders missed a huge opportunity to protect kids from the dangers of tobacco use when they failed to end candy flavored tobacco sales or increase the cigarette tax. These candy- and fruit-flavored products are designed to attract and hook kids to a lifetime of nicotine addiction,” Campaign Manager Andrew Estep of Flavors Hook Kids Washington said in a press release. 

The original bill, House Bill 1203, would have banned flavored tobacco products 90 days after the legislative session had ended while still allowing for sales tax revenue on these products. It would have also imposed a two-dollar tax per pack of cigarettes with the tax increasing with inflation. $5 million of the revenue from this tax would have gone to prevent youth smoking and tobacco use with the rest of the revenue being directed into the state’s general fund. 

The new bills, House Bill 2068 and Senate Bill 5803 would have banned flavored tobacco starting on July 1, 2027 and would follow the other requirements of the original bill. 

“They had clear opportunities to pass landmark legislation that was overwhelmingly supported by public health organizations, public school staff and leadership, students and parents, as well as a majority of Washington voters when polled. They did not rise to the occasion, and instead caved to the influence of Big Tobacco,” Estep said in a press release. 

As of 2023 there were 262 tobacco lobbyists registered at the federal level. There were 13 tobacco lobbyists in the state of Washington in 2024, according to Action on Smoking and Health. 

A recent case in Oregon upheld a previous ban on flavored tobacco products in Multnomah County, following a ruling from a case in 2024 in Washington County. The ruling in Schwartz vs. Washington County upheld a local ordinance that would ban flavored tobacco products and nicotine products in the county, overturning a ruling back in 2022 which permitted sale with a license.  

Oregon legislators are still working to pass their own bill that would create a state-wide ban on flavored tobacco products, but it is still in committee with the next hearing scheduled for May 21. 

“The Oregon Court of Appeals today [April 9] upheld Multnomah County’s law ending the sale of flavored tobacco products, finding that it is not preempted by state law. Today’s ruling follows last year’s Court of Appeals ruling upholding a similar law in Washington County.” Vice President Annie Tegen of the Campaign for Tobacco-Free Kids said in a press release. “This decision is a tremendous victory for kids and public health and affirms the authority of local governments in Oregon to address the devastating toll of tobacco use, which is the number one cause of preventable death.”  

The Washington state legislature did pass a bill to tax nicotine products like Zyn, taking effect Jan. 1, 2026, but attention will now be turned to the 2026 legislative session to try to pass the bill.