COLUMBUS, Ohio — On the same day that Gov. Mike DeWine called for "a uniform statewide law banning flavored vaping and flavored cigarettes," 14 Ohio cities, including Cleveland, have filed a lawsuit challenging the state's ability to regulate local tobacco sales.
The measure, vetoed in 2022 before reappearing in the state budget last year, says regulating tobacco and alternative nicotine products should be up to the state, not municipalities. It also prevents communities from voting to restrict things like flavored e-cigarettes and sales of flavored vaping products. DeWine again vetoed the proposal in July 2023.
In January, the Ohio General Assembly overrode DeWine's veto, meaning the ban will take effect on April 23.
In addition to Cleveland, the following cities have joined the lawsuit:
- Bexley
- Cincinnati
- Columbus
- Dublin
- Gahanna
- Grandview Heights
- Heath
- Hilliard
- Oxford
- Reynoldsburg
- Upper Arlington
- Whitehall
- Worthington
“We have all proposed local legislation to help address the number one preventable cause of death and disease in our community — tobacco. Cleveland’s adult smoking rate is 35 percent, which is more than three times the national average of 11 percent. This lawsuit represents a united front in standing up for what is morally right and is an imperative next step to ensure that we are prioritizing the health of Ohioans above profits for the tobacco industry,” said Cleveland Mayor Justin Bibb in a statement. “We cannot and will not remain silent. We join the City of Columbus in these efforts and we’ll continue to work with lawmakers and other stakeholders in this fight for our residents’ health. Their futures depend on it.”
In the lawsuit, filed in Franklin County Common Pleas Court, the cities are asking for a temporary restraining order and preliminary injunction to block the implementation of the new state law. The cities add that the new state law "violates home rule provisions of the Ohio Constitution and ultimately harms public health, particularly among Ohio teens and minority populations."
During his State of the State address on Wednesday, DeWine stated the following about tobacco and children:
"Tobacco companies continue to target our kids - eager to addict the next generation through cigarettes, vaping, and flavored products. Nearly 81% of youths ages 12 to 17 who have used a tobacco product reported that the first product they ever tried was flavored. The Biden Administration has the authority to stop the sale of flavored tobacco products, including menthol cigarettes and flavored vaping products, but they have not done so. I urge them to do that -- but we have all learned that we can’t depend on Washington. We must protect Ohio children, and we can do that. I understand the desire for uniformity statewide, and so I am asking the General Assembly to pass a uniform statewide law banning flavored vaping and flavored cigarettes."
The Associated Press contributed to this report
Previous Reporting:
- 'This is now our time in history': Ohio Gov. Mike DeWine delivers State of the State address
- Ohio cities feel the impact after veto override puts tobacco regulation in hands of state
- Ohio General Assembly overrides Gov. Mike DeWine's veto, putting tobacco control in state's hands
- Ohio Gov. Mike DeWine vetoes state budget item prohibiting cities from regulating tobacco sales