By Timothy S. Donahue
Top Takeaways:
- Court challenge: Ohio’s highest court will hear a challenge to the state’s flavored nicotine preemption law
- Local control: Twenty-one cities argue the law violates constitutional home-rule authority
- Industry impact: Ruling could determine whether nicotine regulation remains statewide or shifts to local governments
A coalition of 21 Ohio cities is asking the Ohio Supreme Court to uphold a lower court ruling striking down a state law that prevents municipalities from regulating flavored tobacco and alternative nicotine products.
The case centers on a 2022 law that prohibits local governments from enacting or enforcing regulations governing tobacco, vapor, and alternative nicotine products, including nicotine pouches.
The cities argue that the law violates Ohio’s constitutional home-rule protections, which allow municipalities to govern local matters. State officials counter that the General Assembly has the authority to set uniform statewide standards rather than allow a patchwork of local regulations.
The dispute reaches the Ohio Supreme Court after Franklin County Common Pleas Judge Michael Holbrook ruled in May 2024 that the law unconstitutionally infringed on municipal authority. The court permanently blocked enforcement of the statute against the cities, prompting Ohio Attorney General Dave Yost to appeal.
Oral arguments are scheduled for June 9 and 10 in Columbus. A ruling is expected later this year.
