A county judge in Oregon has ruled against a group of smokers and tobacco retailers who were trying to prevent a proposed tobacco tax increase from going before state voters in November, the Associated Press reported Sept. 24.

Marion County Judge Paul Lipscomb ruled that the Measure 50 ballot initiative does not violate the state constitution, as a tobacco-industry lawyer, state Sen. Jeff Kruse, and other opponents had argued. The plaintiffs claimed that the initiative would have made three "unrelated" changes to the constitution by raising taxes on cigarettes, cigars, and other tobacco products.

"Tobacco tried to keep it off the ballot because they know Oregonians are going to protect their kids instead of (tobacco) profits," said Cathy Kaufman, a spokeswoman for Healthy Kids Oregon.

Backers say that the measure, if approved by voters, would raise an estimated $153 million over the state's two-year budget cycle, with most of the money spent on children's health insurance. The initiative calls for raising the Oregon tobacco tax by 84.5 cents per pack.