by: Andy Jesson, AOF Policy & Communications Intern
Beginning January 1st, the City of Columbus implemented a ban on the sale of all flavored tobacco and nicotine products, a move cited by public health proponents as a positive but criticized by others as an instance of government imposing on individual freedom of choice. All products with any added flavoring are no longer allowed to be sold in Columbus, as well as nearby suburbs Bexley, Grandview Heights and Worthington.
Conflicting Views
The controversy surrounding the ban on flavored tobacco and nicotine products started in late 2022 when the Columbus City Council approved the ban beginning in 2024. Soon after, state lawmakers countered the action by introducing House Bill 513. The legislation prohibits local governments from initiating regulations around tobacco, entrusting all authority on the issue to the state. Though House Bill 513 was quickly passed by the House and Senate in December 2022, Governor DeWine vetoed it in January 2023, citing the known health risks of tobacco use in a statement.
Lawmakers again attempted to include the legislation in a portion of the state’s biennial budget, a maneuver DeWine vetoed once more. Recently, lawmakers in the Ohio House of Representatives voted to override Governor DeWine’s veto, shifting attention to the Ohio Senate. As of January 11th, the Ohio Senate has not taken any action towards overriding DeWine’s veto, meaning the ban on flavored tobacco remains, at least for the time being. Should the Ohio Senate take a vote and receive the required three-fifths majority vote, Columbus and other cities throughout the state will no longer have the legal authority to impose a ban on flavored tobacco products.
Those opposed to House Bill 513 have cited it as an example of infringement on home rule, the constitutional right cities in Ohio have to establish laws so long as they do not interfere with state law. Proponents of House Bill 513, including Ohio House Speaker Stephens, argue the state should be making the decisions on tobacco regulation.
Evidence on the Issue
Proponents of the ban on flavored tobacco and nicotine products view the initiative as a critical step in the right direction towards mitigating the prevalence of tobacco use in society, particularly among children and young adults. Evidence does support the concept that young people are drawn to using flavored tobacco products, suggesting a ban may decrease the number of individuals using tobacco. In 2023, over 90 percent of high school students who used e-cigarettes reported using flavored products.
On the economic front, local businesses reliant on the sale of flavored tobacco are anticipating significant revenue losses in the coming months. One owner of a smoke shop said he expects a 65 percent decrease in sales as a direct result of the ban.
Local and statewide bans on flavored tobacco products have become more commonplace throughout the country in recent years. Emerging evidence from Massachusetts, New York, Rhode Island, California, and Minnesota shows an overall decline in tobacco sales following the ban on flavored products.
For now, focus remains on whether the Ohio Senate will override Governor DeWine’s veto – which can occur any time before December 31, 2024 – or if the ban on flavored tobacco in Columbus and other cities remains.