Ohio City Lawsuit Challenges State Tobacco Sales Restrictions as Unconstitutional

Regulations by 2FIRSTS.ai
Apr.11.2024
Ohio City Lawsuit Challenges State Tobacco Sales Restrictions as Unconstitutional
Ohio cities, including Columbus and Cincinnati, are suing the state over tobacco sales restrictions violating local autonomy.

According to a report by halfwheel on April 10th, earlier this year, the Ohio State Legislature passed a bill that will restrict the sale of tobacco products, including flavored tobacco, within city limits, and prohibit municipalities from implementing tobacco regulations stricter than those set by the state.

 

Subsequently, 14 cities, including Columbus, Bexley, Cincinnati, Cleveland, Dublin, Gahanna, Grandview Heights, Heath, Hilliard, Oxford, Reynoldsburg, Upper Arlington, and Worthington, filed lawsuits against the new law. They filed the lawsuits in Franklin County on Tuesday, April 9, alleging that the law violates the local government's autonomy. In particular, they argued that the constitution explicitly states that cities have the power to "exercise all local self-government powers and to enact and enforce within their limits such local police, sanitary and other similar regulations, not in conflict with general laws." They contend that this ban would have a negative impact on citizens.

 

The incident began in December 2022 when the Columbus City Council proposed a ban on the sale of flavored tobacco products. The flavor tobacco ban went into effect on January 1, prohibiting the sale of fruit-flavored, candy-flavored, vanilla-flavored, mint-flavored, or menthol-flavored e-cigarettes, cigarettes, small cigars, chewing tobacco, and any other flavored tobacco products. The Ohio state legislature, controlled by Republicans, quickly passed a priority law prohibiting municipalities from implementing tobacco regulations stricter than state law, which was then vetoed by Governor Mike DeWine. The ban was subsequently passed again by the state legislature, this time as part of a budget proposal, and once again vetoed by DeWine. In January of this year, the state Senate overturned Governor Mike DeWine's veto.

 

With the veto in place, the new state law will go into effect on April 24, meaning cities like Columbus will no longer be able to enforce their ban on flavored tobacco sales after that date.

 

Columbus City Attorney Zach Klein stated in a press release, "Depriving cities of the right to make decisions in the interest of residents is not only unconstitutional, but also harmful policy that undermines public health, disrupts our progress in reducing tobacco use, and keeps these products out of the hands of youth."

 

At the same time, these cities argue that the law also threatens tobacco sales age restrictions that differ from those set by the state. In recent years, cities such as Columbus, Reynoldsburg, and others in central Ohio have passed ordinances to restrict tobacco sales to those aged 21 and older. According to data from the Ohio Department of Health, the smoking rate among adults in Franklin County decreased by 14% from 2016 to 2020, while tobacco use, especially e-cigarette use, has surged among teenagers statewide.

 

These cities have requested the state court to issue a temporary restraining order on the legislation to prevent the statewide ban from taking effect on April 23rd.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Australia’s One Nation Proposes 75% Tobacco Tax Cut, Says Lower Prices Could Hit Illicit Market
Australia’s One Nation Proposes 75% Tobacco Tax Cut, Says Lower Prices Could Hit Illicit Market
Australia’s One Nation party has proposed cutting tobacco excise by 75%, arguing that lower legal cigarette prices could narrow the gap with illicit tobacco and reduce demand for black-market products. The proposal comes as Australia continues expanding enforcement against illicit tobacco supply chains through border controls, retail inspections and organised-crime investigations. Supporters argue high taxes have contributed to illicit-market growth, while opponents warn that lower tobacco prices could undermine public-health goals. The proposal is a party policy position and has not been adopted by the Australian government.
Aug.18
Malaysia Police Seize RM12.7 Million in Illegal Vapes and Cigarettes as Probe Points to Sea Shipments From China
Malaysia Police Seize RM12.7 Million in Illegal Vapes and Cigarettes as Probe Points to Sea Shipments From China
Police in Malaysia’s Selangor state seized illegal vape products and contraband cigarettes worth about RM12.7 million (approximately $3 million) in two enforcement operations. According to New Straits Times and The Star, the vape-related operation uncovered 131,036 boxes of vape products, 4,900 bottles of e-liquid and 25,510 vape devices, valued at about RM9.4 million. Police said preliminary investigations indicated that some illegal vape products entered Malaysia through sea shipments from China before moving through storage and distribution networks.
Aug.10
Gallup Tracks Nicotine Pouch Use for the First Time: 11% of U.S. Adults Smoke, 9% Vape and 4% Use Nicotine Pouches
Gallup Tracks Nicotine Pouch Use for the First Time: 11% of U.S. Adults Smoke, 9% Vape and 4% Use Nicotine Pouches
Gallup’s 2026 Consumption Habits survey tracked nicotine pouch use for the first time. The survey found that 11% of U.S. adults reported smoking cigarettes in the past week, 9% reported vaping, and 4% reported using nicotine pouches. Cigarette smoking remained near Gallup’s long-term low, while adult vaping rates stayed relatively stable in recent years.
Market
Aug.25 by 2Firsts Perspectives
Senate Democrat Wyden Probes Trump Administration Vape Policy Shift, Seeks Records From HHS and Reynolds American
Senate Democrat Wyden Probes Trump Administration Vape Policy Shift, Seeks Records From HHS and Reynolds American
U.S. Senator Ron Wyden, the Democratic ranking member of the Senate Finance Committee, has launched an investigation into flavored vape policy changes and requested records from the Department of Health and Human Services (HHS), Reynolds American and Botanic Tonics. The investigation focuses on a timeline involving Reynolds American’s $5 million donation to MAGA Inc. in April 2026 and subsequent vape policy developments. Wyden said the review aims to examine potential links between political donations, corporate communications and government decisions. The investigation does not represent a finding of wrongdoing.
Innovation
Aug.07 by 2Firsts Perspectives
2FIRSTS EXCLUSIVE|China Breaks Up $6.8 Million Illegal Hookah Tobacco Operation as Market Expands
2FIRSTS EXCLUSIVE|China Breaks Up $6.8 Million Illegal Hookah Tobacco Operation as Market Expands
Chinese authorities have dismantled an illegal hookah tobacco operation worth more than 46 million yuan ($6.8 million), detaining five foreign suspects and seizing over 500,000 boxes of tobacco paste. The case comes as hookah expands across China’s nightlife sector and attracts overseas operators, including former vaping entrepreneurs. It also raises a central regulatory question: whether waterpipe tobacco will follow China’s private-sector e-cigarette licensing model or be reserved for the state tobacco system, as with nicotine pouches, in the years ahead.
Jul.31
DOJ Trade Fraud Task Force Tops $1 Billion in Cases, Putting Vape Supply Chains at Risk of Fraud Enforcement
DOJ Trade Fraud Task Force Tops $1 Billion in Cases, Putting Vape Supply Chains at Risk of Fraud Enforcement
According to the U.S. Department of Justice (DOJ), Fox News and other reports, the DOJ’s Trade Fraud Task Force (TFTF) has been linked to more than $1 billion in recoveries, penalties, forfeitures and publicly charged losses in less than one year. The task force focuses on trade fraud issues including country-of-origin fraud, illegal transshipment, false declarations and tariff evasion. While vape products are not the main source of the $1 billion figure, the industry’s reliance on global manufacturing and cross-border supply chains places it within broader U.S. trade enforcement scrutiny. The development suggests that U.S. oversight of cross-border vape products may increasingly extend beyond product authorization into import compliance, supply-chain transparency and corporate accountability.
Jul.23