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

JAMA Study: U.S. Vape Directories Fail to Sustainably Curb Unlisted Sales as Product Shifts May Redistribute Brand Share 2Firsts Recommended
JAMA Study: U.S. Vape Directories Fail to Sustainably Curb Unlisted Sales as Product Shifts May Redistribute Brand Share 2Firsts Recommended
A study by CDC Foundation researchers found no sustained decline in e-cigarette sales across Alabama, Oklahoma and Louisiana, the first three U.S. states to implement e-cigarette directory laws. Louisiana initially saw a significant sales decline, followed by a rebound and a persistent reduction in product availability. Sales also shifted from nontobacco-flavored disposables toward prefilled cartridges, with Vuse Alto driving much of the increase in menthol cartridges. By April 2025, unlisted products still accounted for more than half of e-cigarette nicotine sales in all three states.
Sep.18
Wisconsin Vape Directory One Year On: Retailer Reports Four Store Closures and 70% Staff Cuts
Wisconsin Vape Directory One Year On: Retailer Reports Four Store Closures and 70% Staff Cuts
Wisconsin's electronic vaping device directory has been fully enforced for more than a year, and local vape retailers say the reduced range of eligible products has contributed to declining sales, store closures and layoffs. Johnny Vapes owner Ben Hall said he has closed four of seven locations and cut about 70% of his staff. State law bars the sale of vaping devices not listed on the Wisconsin Department of Revenue directory and allows penalties of $1,000 per day for each unlisted device sold or offered for sale. In April 2026, the U.S. Court of Appeals for the Seventh Circuit allowed enforcement of the law to continue.
Regulations
Oct.10
Imperial Brands Acquires Helwit Owner Yoik Group for SEK 515 Million, More Than Doubling Swedish Nicotine Pouch Share
Imperial Brands Acquires Helwit Owner Yoik Group for SEK 515 Million, More Than Doubling Swedish Nicotine Pouch Share
Imperial Brands has agreed to acquire 100% of Swedish modern oral nicotine company Yoik Group AB for an initial SEK515 million, equivalent to about US$53.9 million, plus a deferred payment linked to performance over the next two years. Yoik owns nicotine pouch brand Helwit, which held about 3.4% of Sweden’s modern oral nicotine market over the past 12 months. Imperial says the acquisition will more than double its existing share of the Swedish market. Helwit is also sold elsewhere in the Nordics, through European online channels and in selected UK retail outlets.
Sep.08
Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Special Report | Can Nicotine Be Replaced? 6-MN Is Already on the Market While Key Human Evidence Is Still Missing
Nicotine analogues such as 6-methylnicotine are already appearing in e-cigarettes and oral pouches, even as key human evidence remains limited. A new Nixodine-S study adds nonclinical data showing differences from nicotine in cytotoxicity and receptor activity, while independent studies point to a more complex toxicological picture. With supply-chain activity growing and FDA seeking clearer authority over nicotine analogues, the industry now faces a larger question: what evidence is needed before these substances can credibly replace nicotine?
SCIENCE
Sep.23
Kelly White Bets on Female Consumers as Nicotine Pouch Competition Intensifies | 2Firsts Interview
Kelly White Bets on Female Consumers as Nicotine Pouch Competition Intensifies | 2Firsts Interview
Swedish nicotine pouch brand Kelly White is building its strategy around adult female consumers. Founder and CEO Sophia Wilsby told 2Firsts that women accounted for around 70% of the brand’s repeat customers on HAYPP in Sweden in 2025. The interview explores female consumer segmentation, product and design differentiation, gender stereotypes, packaging regulation, and how independent brands can compete with global players such as ZYN and VELO while considering funding, partnerships and future ownership options.
Business
Sep.24
Product | RELX Partners With UK E-Liquid Brand T-Juice for Prime Pro × Red Astaire Bundle in France
Product | RELX Partners With UK E-Liquid Brand T-Juice for Prime Pro × Red Astaire Bundle in France
RELX and UK e-liquid brand T-Juice have launched the Prime Pro × Red Astaire bundle in France, combining the RELX Prime Pro open-system pod device with T-Juice’s signature Red Astaire nicotine salt e-liquid. The collaboration retains the existing Prime Pro hardware platform while using an established flavor brand to create a complete open-system offering. The product appeared in French retail and distribution channels in August 2026 and represents a co-branded retail bundle rather than a new device launch.
Aug.27