Judge rules Ohio law that keeps cities from banning flavored tobacco is unconstitutional

The state is expected to appeal the ruling issued Friday by Franklin County Common Pleas Court Judge Mark Serrott, who had issued a temporary restraining order in April that stopped the law from taking effect. The measure had become law in January, after the Republican Legislature overrode GOP Gov. Mike DeWine’s veto of a budget measure that put regulatory powers in the hands of the state.

The measure, vetoed in 2022 before reappearing in the state budget, said regulating tobacco and alternative nicotine products should be up to the state, not municipalities. It also prevented communities from voting to restrict things like flavored e-cigarettes and sales of flavored vaping products. Anti-tobacco advocates, the American Cancer Society Cancer Action Network and DeWine himself harshly criticized the override as a win for the tobacco industry, saying it enables addiction in children as tobacco and vaping products made with fruit or candy flavors becomes more popular and accessible to kids.

At the time of the override vote, Senate President Matt Huffman said legislators had carefully reviewed the language with the Legislative Service Commission, a nonpartisan agency that drafts bills for the General Assembly, and didn’t believe it impacted all possible tobacco restrictions local governments could pass.

Source: Law Daily Report (lawdailyreport.net)

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