The Ohio Court of Appeals has upheld the dismissal of a lawsuit filed by Attorney General Dave Yost against Central Tobacco & Stuff Inc., ruling that federal law, rather than state consumer protection statutes, governs the regulation of e-cigarettes.
In State ex rel. Yost v. Central Tobacco & Stuff Inc., Ohio’s AG sued the retailer under the state’s Consumer Sales Practices Act (CSPA), accusing it of marketing e-cigarette products that lacked U.S. Food and Drug Administration authorization and failing to inform consumers of their unauthorized status.
The state requested injunctive relief, civil penalties, and declarations to prevent future sales. The court’s October 1, 2025, ruling upheld a lower court’s dismissal of the complaint.
The appeals court based its decision on the federal preemption doctrine, finding that the Federal Food, Drug, and Cosmetic Act (FDCA) and its 2009 amendment, the Family Smoking Prevention and Tobacco Control Act (TCA), grant exclusive regulatory authority over tobacco products, including e-cigarettes, to the FDA.
The court concluded that state claims seeking to impose additional requirements linked to FDA authorization are implicitly preempted.
As part of its analysis, the court cited Buckman Co. v. Plaintiffs’ Legal Committee and the Sixth Circuit’s Loreto v. Procter & Gamble, reaffirming that claims “would not exist but for” the federal regulatory scheme are barred under implied preemption.
The state’s attempt to enforce a labeling claim—based on statements such as “Sale Only Allowed in the United States,” which all tobacco products must carry under federal law—was also found to be preempted.
A dissenting judge, Judge King, disagreed, arguing that the state retains authority to pursue claims under state law focused on deceptive sales practices independent of federal labeling rules. He asserted that the FDCA’s “savings clause” preserves some state enforcement power over tobacco sales and that claims may survive so long as they do not conflict with or intrude upon FDA authority.
By affirming the dismissal, Ohio’s appellate court has delivered a notable decision reinforcing the limits on state attorneys general seeking to use consumer protection laws to regulate e-cigarettes. The ruling underscores that state-level efforts to enforce FDA premarket requirements must either find an independent, non-FDCA legal basis or proceed in coordination with federal authority.
