An Ohio law that prevented cities from banning flavored tobacco products has been declared unconstitutional by Judge Mark Serrott of the Franklin County Common Pleas Court. The state is expected to appeal this decision.
This law, enacted in January after the Republican Legislature overrode Governor Mike DeWine’s veto, faced opposition from over a dozen cities, including Columbus and Cincinnati.
Judge Serrott had already placed a temporary restraining order on the law in April, stopping it from taking effect. His recent ruling means that the existing bans in these cities will stay in place, although the decision does not extend statewide.
The law shifted regulatory control of tobacco and nicotine products from local governments to the state, preventing cities from imposing their own restrictions on flavored e-cigarettes and vaping products. The Legislature passed this law shortly after Columbus approved bans on flavored tobacco and menthol products, which were due to start earlier this year.
Critics, including anti-tobacco advocates and Governor DeWine, argued that the override benefited the tobacco industry and could lead to higher rates of addiction among children, as flavored products are often more appealing to young people.
Opponents also claimed the law violated Ohio’s home rule provision, which allows local governments to create their own laws as long as they do not conflict with state laws. Judge Serrott agreed, stating the law was specifically designed to prevent cities from exercising this right.
Senate President Matt Huffman had previously asserted that the law had been carefully reviewed and was not expected to interfere with all local tobacco restrictions.
Supporters of the measure argued that having uniform state-level control over tobacco regulations would reduce confusion and ensure consistency across Ohio. They also expressed concerns that local bans could negatively affect state revenue.
Governor DeWine has suggested that the best way to achieve uniformity in tobacco laws would be to implement a statewide ban on flavored tobacco products.