Ohio Governor DeWine's Veto Power over Tobacco Legislation

The veto power of Ohio Governor DeWine to prevent cities from strengthening tobacco laws signals a victory for cities such as Columbus who aim to enhance regulation on flavored tobacco and e-cigarette products. In early December 2022, Columbus passed a law prohibiting the sale of menthol cigarettes and e-cigarette products.

Ohio Governor Mike DeWine spoke candidly about his views on the ban on flavored tobacco and even hinted at vetoing the bill. Nearly two decades ago, while serving as a U.S. Senator, DeWine worked with Democratic Senator Ted Kennedy to pass legislation allowing the FDA to prohibit the sale of tobacco products to minors and prevent the sale of new flavored tobacco products.

DeWine also suggested that lawmakers prohibit flavored tobacco products throughout the state.

Columbus Mayor Andrew Ginther stated in a release that the city is taking measures to curb youth smoking and vaping, and addressing how the industry targets Black consumers with mint-flavored cigarette products. This veto power is a positive start for the children of Columbus.

Public health advocates are also applauding the governor's decision. They believe that local laws are a means of curbing youth smoking and vaping, as well as addressing the issue of the tobacco industry targeting black consumers with menthol-flavored cigarettes.

Supporters of House Bill 513 argue that there should not be patchwork regulations and that oversight of tobacco products is a statewide issue. Ohio law allows local municipalities to pass their own regulations as long as they do not conflict with statewide laws.

According to the governor and a spokesperson for Republican senators, last session of the congress has adjourned, therefore legislators are unable to overturn DeWine's veto.

Nearly 20 years ago, cities in Ohio began implementing indoor smoking bans, partly in support of a statewide ban. When lawmakers failed to take action, public health organizations utilized citizen-initiated regulatory procedures to ban indoor smoking statewide on the 2006 ballot.

Five years ago, a city consortium passed a local law raising the legal age for tobacco purchase to 21 years and older. In 2019, Ohio also set the purchasing age for tobacco at 21 years and older.