Ohio Governor Again Vetoes Tobacco Preemption Clause Language

For the second time this year, Gov. Mike DeWine of Ohio has vetoed efforts by the state’s Republican-led legislature to introduce a preemption clause that would bar local governments from introducing stricter tobacco laws than the state’s laws.

Yesterday’s veto resulted from the General Assembly’s most recent state budget, which included a provision known as a preemption clause. The rules would have prevented cities and other local governments from passing their own laws that would have been more restrictive than state laws regarding the “giveaway, sale, purchase, distribution, manufacture, use, possession, licensing, taxation, inspection, and marketing of tobacco products and alternative nicotine products.” Notably, this would include a local government banning the sale of flavored tobacco and/or vaping products.

That particular issue became a contentious one in late 2022 when the Columbus City Council voted unanimously in favor of banning the sale of flavored tobacco and vaping products in Ohio’s capital. At that time, the outgoing Ohio General Assembly was holding a lame-duck session and quickly introduced a preemption clause for flavored tobacco and vaping sales. DeWine, who has long called for a ban on flavored vaping products, vetoed that bill in early January. Yesterday’s veto included a reference to the January veto.

“In the absence of an effective and comprehensive statewide flavored tobacco ban (including menthol) — which is this administration’s preferred policy approach — local government bans are essential because they reduce access to flavored tobacco and nicotine alternative products and interrupt the cycle of addiction,” wrote DeWine in his list of vetos. “The removal of local regulation would encourage youth nicotine addiction and immediately undo years of progress to improve public health, which is why a similar provision was previously vetoed.”

DeWine also vetoed a provision that he claims would be “inadvertently opening the door to the distribution of free tobacco products,” something that is currently banned in Ohio.