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January 24, 2024

Ohio State Senate Votes to Block Local Flavored Vape Bans

The Ohio State Senate voted today to override Governor Mike DeWine’s veto of legislation that would prevent local governments from banning flavored vapes and tobacco, and imposing other local standards that exceed state restrictions.

The 24-8 senate vote came weeks after the State House voted 60-31 to override the veto. Gov. DeWine had used his line-item veto power to block the preemption language, which was included in the state budget bill passed last July.

The flavor ban preemption bill will become law in 90 days, according to the Columbus Dispatch.

The veto override will end the ban on flavored nicotine products passed by the city of Columbus (which took effect on Jan. 1.) It was the 2022 passage of that law that prompted Republicans in the state legislature to propose a law that would prevent cities and other municipalities from setting their own tobacco products standards.

According to the Consumer Advocates for Smoke-free Alternatives Association (CASAA), 26 Ohio municipalities have enacted or considered local flavor ban ordinances in the last 18 months. Those laws will now be blocked, along with the Columbus flavor ban and a 2019 Toledo ordinance that bans the sale of flavored prefilled pods and cartridges.

In January 2023, DeWine vetoed a similar preemption law that was passed in December 2022. But because the governor issued his veto after the state legislature had ended its session, lawmakers were prevented from overriding the veto.

DeWine, himself a Republican, is a strong supporter of restrictions on vaping products, and has backed efforts to pass a statewide ban on flavored vapes.

Smokers created vaping without help from the tobacco industry or anti-smoking crusaders, and I believe vapers have the right to continue innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I’m a member of the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy
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