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Tag: Ohio

  • Ohio Law Banning Local Tobacco Regulation Struck Down

    Ohio Law Banning Local Tobacco Regulation Struck Down

    An Ohio appeals court ruled that state lawmakers violated the Ohio Constitution by attempting to block cities like Columbus from enacting their own regulations on tobacco product sales. In a unanimous decision, the Tenth District Court of Appeals upheld a lower court ruling that found the state’s efforts to preempt local control over tobacco laws unconstitutional under Ohio’s Home Rule Amendment.

    The amendment allows municipalities to govern local safety and welfare issues unless they are in direct conflict with general state law. The ruling affirms that cities can regulate tobacco sales, including banning flavored products.

    The decision comes after state lawmakers added a provision to the 2023 budget to block local tobacco regulation. Gov. Mike DeWine vetoed the move twice, but lawmakers overrode him. The City of Columbus, backed by other municipalities, sued the state, and Franklin County Judge Mark Serrott ruled in their favor — a decision now upheld by the appeals court.

  • Governor to Veto ‘No Flavor Bans’ Bill

    Governor to Veto ‘No Flavor Bans’ Bill

    Image: Dmitry | Adobe Stock

    Ohio Governor Mike DeWine appears primed to veto a bill just passed by the state legislature that would prohibit cities like Columbus from regulating vaping and other tobacco products.

    DeWine told ABC 6 On Your Side he supports the Columbus ordinance passed Monday banning the sale of flavored vaping and other tobacco products.

    “Making a decision not to have flavored cigarettes is a logical decision that will save many, many lives and will save taxpayers a lot of money,” DeWine said. “Smoking costs the citizens of Ohio hundreds and hundreds of millions of dollars every single year.”

    The day after the Columbus tobacco ban passed, Republicans who control the legislature added a proposal to an unrelated bill mandating that only the state can regulate tobacco products in Ohio. The bill would wipe out attempts by local governments, such as that in Columbus, to rein in the use of tobacco products.

  • Ohio Passes Ban on Cities’ Flavor Bans

    Ohio Passes Ban on Cities’ Flavor Bans

    Image: Tobacco Reporter archive

    The Columbus City Council in the U.S. state of Ohio voted unanimously in favor of banning the sale of flavored tobacco and vaping products within city limits on Monday, Dec. 12. On Wednesday, the Ohio Senate approved a bill that would make what the Columbus City Council did illegal.

    The Ohio Senate passed H.B. 513 by a vote of 23-8. It includes an amendment that will prohibit local governments in Ohio from enacting any laws regarding tobacco or vaping products that are stricter than state law, a mechanism known as preemption, according to Halfwheel.

    Because of this amendment, the bill now heads back to the Ohio House of Representatives, where it must be approved before heading to the desk of Governor Mike DeWine. Reports indicate that the House vote is expected this week.

    If approved, the state law will effectively void the law passed by the Columbus City Council on Monday. The Columbus city law is set to take effect on Jan. 1, 2024.

    Preemption clauses have been a successful tool in blocking bans on the sales of flavored vaping products and other tobacco products. The city of Philadelphia lost a federal lawsuit that overturned its flavored tobacco ban due to Pennsylvania’s preemption clause.