Oregon House passes bill to regulate new nicotine products, shifts enforcement to OHA

The Oregon House on the floor passed House Bill 25 28, a measure that adds nicotine derived from any source to the statutory definition of tobacco products and moves enforcement for sales to minors from criminal penalties to civil enforcement by the Oregon Health Authority.

The bill sponsor, Representative Hudson, told colleagues the measure is aimed at new nicotine products such as nicotine pouches and similar items sold under brand names including Zen and Velo. "This bill adds nicotine derived from any source to the definition of tobacco products," Hudson said, and the change will make enforcement more consistent, she said.

House Bill 25 28 also prohibits distributing or providing free samples of tobacco and nicotine products, requires sales to occur at licensed premises, and allows OHA to implement a civil penalty schedule for violations. Representative Reschke urged colleagues to vote no, citing concerns that the broad definition could unintentionally cover foods with trace nicotine and arguing that the bill leaves the penalty schedule — up to $5,000 — to agency rulemaking rather than statute. "I think it's our job to put in penalties into statute, not handed off to some agency," Reschke said.

Testimony entered into the record by Representative Wright included a written statement from John Charles Jr. of Cascade Policy that criticized additional regulation and the delegation of authority to OHA, warning that further restrictions could push sales into an untaxed underground market.

Several members asked whether the bill would affect tribal ceremonial tobacco. Representative Hartman asked specifically if tribal communities would be able to use loose-leaf or ceremonial tobacco. The carrier replied that "House bill 25 28 was not designed to make any changes to ceremonial tobacco use," and later the sponsor added that it should be clear in rulemaking that the bill is not intended to impede tribal ceremonial use.

Debate framed the bill as a response to new non‑tobacco nicotine products entering the market. Supporters described the change as a clarification that keeps nicotine products out of minors' hands while not treating nicotine pouches identically to combustible tobacco; sponsors said they removed the earlier proposal to tax these products at 65% of wholesale.

Opponents argued OHA lacks capacity to take on additional rulemaking and enforcement responsibilities, and some members called the bill inconsistent with other policy choices. Representative Boyce and others asked for a broader conversation on youth use of other substances as well.

After debate, the House voted and the clerk announced, "House bill 25 28, having received the constitutional majority, is declared passed." The bill now proceeds to the next stage required under the legislative process.

The measure directs OHA to adopt rules implementing the civil enforcement scheme; the bill text and sponsor remarks emphasize the legislative decision to treat nicotine-based, non‑tobacco products as a regulated category distinct from combustible tobacco.