Top Takeaways:

• The Ohio Tenth District Court of Appeals ruled that the state cannot prevent cities from regulating tobacco sales, citing the state constitution’s Home Rule Amendment.
• The decision upholds Columbus and other municipalities’ authority to restrict flavored tobacco and e-cigarette sales, including menthol products.
• The ruling, which could be appealed to the Ohio Supreme Court, is seen as a win for local public health efforts and a setback for preemption efforts favored by the tobacco industry.

An Ohio state appeals court has unanimously sided with the City of Columbus and other municipalities in a high-profile legal battle over who holds the authority to regulate tobacco product sales in the state.

The July 8 decision by the 10th District Court of Appeals found that a 2023 measure by the Ohio General Assembly aimed at stripping cities of that power violates the state’s constitution.

The ruling reaffirms the Home Rule Amendment of the Ohio Constitution, which gives local governments the right to self-govern on issues concerning health, safety, and welfare—so long as local ordinances do not directly conflict with general state law.

“Cities would lose the power to enforce their tobacco laws, both criminal and civil,” wrote Judge David Leland in the court’s opinion. “They would lose authority to keep city parks free of tobacco. They could no longer regulate tobacco marketing. Licensing and zoning of convenience stores that sell tobacco products might be invalidated.”

The decision upholds a lower court’s ruling by Franklin County Common Pleas Judge Mark Serrott, who agreed with Columbus officials that the General Assembly’s attempt to override local ordinances—particularly those targeting flavored tobacco products—was unconstitutional.

The legal challenge was filed in 2023 by Columbus City Attorney Zach Klein on behalf of multiple cities. The suit came after the Ohio General Assembly inserted a provision into the state budget that prohibited municipalities from passing or enforcing regulations on the sale of tobacco products, including flavored vapes and menthol cigarettes.

Governor Mike DeWine vetoed the provision twice, but both vetoes were overridden by the legislature.

In its ruling, the court made clear that the General Assembly’s attempt to assert exclusive authority over tobacco regulation infringed on municipalities’ rights. Leland wrote that such preemption would have sweeping consequences and severely limit a city’s ability to address tobacco-related public health issues.

Columbus Mayor Andrew Ginther praised the decision, calling it a victory for local control and public health. “I’m glad the judges support the Ohio Constitution, that clearly states that home rule is a core principle of governing in this state,” Ginther told The Columbus Dispatch. “We have always said that local knows best. The tobacco industry has disproportionately targeted young people, people of color, and poor and disadvantaged communities.”

The ruling comes at a time when other states and municipalities across the U.S. are facing similar legal and legislative battles over tobacco control. Flavored tobacco bans have been adopted in cities such as San Francisco, New York, and Chicago, while other jurisdictions have struggled with legal challenges, often backed by industry groups.

In Ohio, the state could still appeal the decision to the Ohio Supreme Court. Six of the seven justices on the state’s high court are Republicans, and the court’s future ruling could either reinforce or roll back the Home Rule precedent set by the appeals court.

Steve Irwin, a spokesperson for Ohio Attorney General Dave Yost, said the Attorney General’s Office is reviewing the appellate court’s ruling and will determine next steps.

The three-judge panel that decided the case is composed entirely of Democrats, while the Ohio Supreme Court remains under Republican control. Legal experts say the political dynamic may shape whether the high court ultimately agrees to hear the case and how it rules if it does.

Retailers and manufacturers must now navigate a patchwork of local ordinances in Ohio, where cities are free to enact and enforce their own restrictions on flavored tobacco and vape products—at least for now.