"Flavored Tobacco Bans in Columbus and Central Ohio: A Changing Legislative Landscape"

By J.Alex- Jan 8, 2024

In Columbus and several other central Ohio cities, the commencement of the year signifies the enforcement of bans on flavored tobacco. However, recent legislative developments in the Statehouse cast uncertainty on the longevity of these bans.

The Columbus City Council made a decisive move on December 12, 2022, by approving a ban on the sale of flavored tobacco products within city limits. The ban encompasses products associated with flavors such as fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, menthol, mint, wintergreen, herb, or spice (excluding flavored shisha tobacco). This sweeping measure extends to various tobacco-related items, encompassing electronic smoking devices, pods, cartridges, cigarettes, cigars, cigarillos, chewing tobacco, nicotine pouches, snus, snuff, liquids for electronic smoking devices, as well as filters and rolling paper.

The council's measure extends to a broad spectrum, including electronic smoking devices, pods, cartridges, cigarettes, cigars, cigarillos, tobacco, chewing tobacco, nicotine pouches, snus, snuff, liquids for electronic smoking devices, filters, and rolling paper. Flavored tobacco will remain available for purchase beyond city limits, and individuals using flavored tobacco products won't face penalties. The ban does offer exceptions for onsite consumption and hookah sales.

This ban emerged following health and city officials' declaration of tobacco use as a public health concern in Columbus. They asserted that tobacco companies target racial minorities and minors with flavored products. According to the FDA, over 2 million middle and high school students reported current e-cigarette use in 2023, with nearly 9 out of 10 using flavored products. Despite its current enforcement, the ban's fate could shift due to recent Statehouse actions.

Governor DeWine previously vetoed a bill prohibiting local tobacco and e-cigarette sales bans, a provision also rejected in the state budget last summer. However, the House's 60-31 vote in December to override DeWine's veto could unravel Columbus' flavored tobacco ban and similar ones statewide if the Senate achieves a three-fourths majority to support the override.

Photo byIdin EbrahimionUnsplash

Presently, multiple central Ohio cities, including Grandview Heights and Worthington, mirror Columbus by implementing their flavored tobacco bans starting January 1. Bexley enacted its flavored tobacco ban in 2020.

Amongst those without such bans are New Albany, Dublin, Hilliard, Reynoldsburg, and Gahanna. Gahanna's councilmember Stephen Renner indicated the city's belief in safeguarding children through recently established tobacco retail licensing. However, the council remains vigilant, open to reinforcing protective measures as needed.

Grove City hasn't enacted any tobacco bans, as Mayor Richard Stage highlighted discussions paused for deliberations on handling marijuana. Similarly, Westerville hasn't legislated on flavored tobacco, choosing instead to observe the ongoing Ohio Senate veto override debates.

Currently, local municipalities retain the ability to enforce their bans on flavored tobacco. However, upcoming House and Senate sessions scheduled for Jan. 24 will play a crucial role. The Senate has until the end of 2024 to align with the House's decision, potentially resulting in a statewide prohibition on municipalities implementing flavored tobacco bans, effectively nullifying any existing bans. This impending legislative timeline underscores the significance of upcoming sessions and their potential impact on local jurisdictions' authority over flavored tobacco regulations.

[Credit] Nbc 4