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

Nearly 35.00% of Surveyed Retailers Shifted to Online Sales After Tighter Controls in Vietnam
Nearly 35.00% of Surveyed Retailers Shifted to Online Sales After Tighter Controls in Vietnam
A study of nearly 2,500 university students in Hanoi, Da Nang, Hue, and Ho Chi Minh City found that the average age of first use of e-cigarettes and heated tobacco products was 16.90. The findings were presented on April 9 in Hanoi. The study also found that 14.00% of students had tried e-cigarettes and 3.00% were current users, while the figures for heated tobacco were 6.00% and 0.80%. % of surveyed retail outlets moving to online sales.
Apr.10 by 2FIRSTS.ai
FDA Expands ENDS Market Access With First Authorization of Non-Tobacco and Non-Menthol Products
FDA Expands ENDS Market Access With First Authorization of Non-Tobacco and Non-Menthol Products
The U.S. Food and Drug Administration (FDA) announced on May 5, 2026 that it authorized the marketing of four Glas electronic nicotine delivery system (ENDS) products through the premarket tobacco product application (PMTA) pathway. The authorized products are Classic Menthol, Fresh Menthol, Gold and Sapphire pods, each containing 50mg/ml, or 5%, tobacco-derived nicotine.
May.06 by 2FIRSTS.ai
Bulgarian Police Seize More Than 56,500 Heated Tobacco Sticks in Sofia Operation
Bulgarian Police Seize More Than 56,500 Heated Tobacco Sticks in Sofia Operation
Bulgaria’s Interior Ministry said two men aged 48 and 50 were detained during a specialised police operation in Sofia’s Krasna Polyana district for distributing e-cigarettes and tobacco without excise stamps.
Mar.17 by 2FIRSTS.ai
Dutch Data Show 244 Companies Continued Illegal Vape Sales After Two Fines
Dutch Data Show 244 Companies Continued Illegal Vape Sales After Two Fines
According to RTL Nieuws, citing figures from the Netherlands Food and Consumer Product Safety Authority (NVWA), hundreds of Dutch shops continue to sell illegal vapes, often even after repeated fines.
Apr.08 by 2FIRSTS.ai
European Commission Publishes Tobacco Control Framework Evaluation, Says Smoking and Tobacco-Related Deaths Have Declined
European Commission Publishes Tobacco Control Framework Evaluation, Says Smoking and Tobacco-Related Deaths Have Declined
The European Commission has published its evaluation of the EU tobacco control framework, assessing the effectiveness, efficiency and relevance of the Tobacco Products Directive and Tobacco Advertising Directive in protecting public health and ensuring the smooth functioning of the internal market.
Apr.03 by 2FIRSTS.ai
Philip Morris Korea Names Lee Hong-seok as New CEO Effective May 1
Philip Morris Korea Names Lee Hong-seok as New CEO Effective May 1
Philip Morris Korea said on April 29 that it has appointed Lee Hong-seok, head of its smoke-free products division, as its new chief executive officer, with his term beginning on May 1. Yoon Hee-kyung, who took office in 2023, will step down after about three years in the role.
Apr.30 by 2FIRSTS.ai