According to a report from Halfwheel on May 17th, there has been an update after 18 months regarding the ban on flavored tobacco products in Ohio. Judge Mark Serrott ruled that the recently passed statewide preemption law is unconstitutional, allowing for the enforcement of bans on the sale of flavored tobacco products in 21 cities involved in the lawsuit.
The controversy began in December 2022, when the city council of Columbus, Ohio, as the main plaintiff in the lawsuit, passed a ban on the sale of flavored tobacco products. In response, the Republican-controlled Ohio Legislature, during a special session focused on other issues, quickly passed a preemptive measure aimed at preventing cities from implementing stricter bans than state law.
In January 2023, Governor Mike DeWine, a Republican, vetoed a bill that would have banned the sale of flavored e-cigarettes, citing his longstanding opposition to the measure. Due to technical issues, the state legislature was unable to override DeWine's veto.
Last year, the state legislature attempted to pass a preemptive clause once again and successfully overturned Governor DeWine's second veto. Subsequently, cities like Columbus began to sue, Judge Serothe issued a temporary injunction allowing Columbus's law to remain in effect and halting the implementation of the state law.
However, this issue remains unresolved. The state government has stated that it will appeal the ruling by Judge Serott to the Tenth Circuit Court. Cities not involved in this lawsuit are still bound by state law.
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