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

Product | YOOZ Launches Waker Electronic Shisha Device, Expanding Vape Applications Beyond Portable Devices
Product | YOOZ Launches Waker Electronic Shisha Device, Expanding Vape Applications Beyond Portable Devices
YOOZ has introduced the Waker Electronic Shisha device, expanding its vaping portfolio into the electronic shisha category. The device combines a rechargeable hardware platform with dedicated cartridges, featuring a 4,000mAh battery, up to 60W output power, and LED lighting effects. The product has appeared across multiple French retail channels, reflecting the continued expansion of vaping products into new consumption scenarios.
Jul.13
Special Report | China Opens Draft Mandatory Heated Cigarette Standard for Comment, Multiple Heating Technologies Remain in Scope
Special Report | China Opens Draft Mandatory Heated Cigarette Standard for Comment, Multiple Heating Technologies Remain in Scope
China’s State Tobacco Monopoly Administration (STMA) has released a draft mandatory national standard for heated cigarettes, setting out detailed requirements for tobacco sticks, heating devices and aerosols. The proposal treats the stick and device as parts of the same product system, focuses on minimum safety and quality requirements, and leaves several heating architectures within scope.
Special Report
Jul.29
From Nicotine Pouches to Soft Candy Forms: China Tobacco Hubei explores adjustable-release oral nicotine products
From Nicotine Pouches to Soft Candy Forms: China Tobacco Hubei explores adjustable-release oral nicotine products
China-based China Tobacco Hubei Industrial Co., Ltd. has filed a patent application covering an oral nicotine product and its preparation method. The patent proposes a soft candy-shaped oral nicotine product containing nicotine ingredients, gelling agents, sweeteners and alkaline pH regulators. Through formulation adjustments and homogeneous or dual-layer structures, the technology aims to achieve different nicotine release profiles. The filing reflects exploration of new oral nicotine product formats and controlled nicotine delivery approaches.
Aug.06
BAT Regional Director Fred Monteiro Supports Spain’s Nicotine Rules but Opposes 0.99mg Nicotine Pouch Limit
BAT Regional Director Fred Monteiro Supports Spain’s Nicotine Rules but Opposes 0.99mg Nicotine Pouch Limit
Spanish newspaper El Confidencial interviewed Fred Monteiro, Regional Director for Americas and Europe at British American Tobacco (BAT). Monteiro said BAT supports setting regulatory limits for nicotine products but opposes Spain’s proposed 0.99mg nicotine-per-pouch limit, arguing that such a restriction could affect adult smokers’ transition to alternatives. He said nicotine regulation should be based on scientific evidence and harm reduction principles. Monteiro also said smoke-free products now account for around 25% of BAT’s Americas and Europe business and nearly 30% of its Europe business
BAT
Jul.30
Russia Adds Vapes to “Strategic Goods” List, Illegal Cross-Border Trade Faces Up to Five Years in Prison
Russia Adds Vapes to “Strategic Goods” List, Illegal Cross-Border Trade Faces Up to Five Years in Prison
Russia will place e-cigarettes and related nicotine products under its “strategic goods” framework from August 20, 2026. According to TVP World’s report published on August 19, the newly listed items include e-cigarettes, electronic smoking devices, vape liquids and nicotine salts. Individuals who illegally move these products across Russia’s customs border or its state border with other Eurasian Economic Union (EAEU) members could face up to five years in prison if shipment values exceed 100,000 rubles (about €1,000), provided all elements of a criminal offence are established.
Aug.20
Product | VEEV One Plus Goes Official as PMI Strengthens Its Closed-Pod Vaping Portfolio
Product | VEEV One Plus Goes Official as PMI Strengthens Its Closed-Pod Vaping Portfolio
Philip Morris International (PMI) has officially introduced the VEEV One Plus, the next-generation device in its closed-pod vaping lineup. The product is now featured on the official VEEV website in Portugal, bringing hardware upgrades including a new dual-pod storage system, a larger battery, and an updated device design while maintaining compatibility with existing VEEV One pods.
Jul.02