By Ahmad Dagher
FRANKLIN COUNTY, OHIO––Common Please Court Judge Mark Serrot ruled that an Ohio law forbidding cities from prohibiting the sale of flavored tobacco products is unconstitutional.
The ruling was issued last Friday, May 17, and stopped the law, passed in January, from taking effect.
It was the product of a suit brought by over a dozen cities, like Columbus and Cincinnati. The judge’s decision means these bans will stay in effect, although the ruling is not a statewide injunction.
The original measure had put regulatory powers like banning flavored tobacco products under the state’s jurisdiction, preventing communities from voting to restrict them. This happened after Mike DeWine’s veto of the measure was overridden.
But that measure was met with much opposition. Anti-tobacco organizations like the American Cancer Society Cancer Action Network criticized it, arguing that it enabled addiction by allowing for the existence of enticing forms of tobacco products.
Further opponents argued that the measure directly contradicts Ohio’s “home rule” provision, which allows local administrations to create decrees so long as they don’t interfere with the state’s laws. It was for this reason that Serrott issued his ruling: he found that the law was simply a way to prevent cities from exercising local governance.
On the other hand, some argue that the measure allows for consistency across the state, making tobacco laws clearer and less confusing for Ohioans. They also argue that restrictions on such products would affect the entirety of state income.
But in light of a recent CDC report released this February warning that vaping among teens is on the rise, many argue that health concerns ought to override those for uniformity.
Furthermore, DeWine argues that if uniformity were truly the most pressing concern, then the best solution would simply be to have a statewide ban on the products. Some think that this is beginning to look like the most realistic option, given that states like California have already done so.
And it isn’t just American states that have enforced such measures: just this March, New Zealand announced that it plans to ban disposable e-cigarettes completely and raise the financial penalties for those who sell them to minors.
It’s uncertain whether these trends will continue in Ohio specifically, or if the state will reverse Serrott’s ruling.
