Ohio Statewide Rule
Ohio Flavored Tobacco Preemption Under HB 513
Key Facts
- Preemption
- ORC 9.681 preempts local flavored tobacco regulations
- Enactment
- HB 33 budget veto override, January 2024
- Litigation
- Tenth District struck it down in 2025; Supreme Court pending
- Coverage
- Preemption covers vapor, menthol, and flavored cigars
- Status
- Currently unenforceable against plaintiff cities
Summary
Ohio Revised Code 9.681, enacted in 2024 when lawmakers overrode a veto of budget bill HB 33, preempts local flavored tobacco and vapor product regulation, but courts have blocked it and the Ohio Supreme Court is weighing its constitutionality.
The regulation of tobacco products and alternative nicotine products is a matter of general statewide concern that requires statewide regulation. The state has adopted a comprehensive plan with respect to all aspects of the giveaway, sale, purchase, distribution, manufacture, use, possession, licensing, taxation, inspection, and marketing of tobacco products and alternative nicotine products. No political subdivision may enact, adopt, renew, maintain, enforce, or continue in existence any charter provision, ordinance, resolution, rule, or other measure that conflicts with or preempts any policy of the state regarding the regulation of tobacco products or alternative nicotine products, including, without limitation, by:
Full Breakdown
Governor DeWine vetoed the preemption twice, first in HB 513 in January 2023 and again in the HB 33 budget in July 2023, before the General Assembly completed a veto override in January 2024, codifying ORC 9.681. The law bars municipalities from regulating the sale, distribution, packaging, marketing, taxation, or use of tobacco, alternative nicotine, and vapor products. Columbus and more than twenty other cities sued; a Franklin County judge ruled the statute unconstitutional in 2024, the Tenth District Court of Appeals affirmed in July 2025, and the Ohio Supreme Court heard argument in June 2026 with a decision pending.
Violations & Penalties
Local ordinances that conflict with ORC 9.681 are unenforceable and may be struck down through declaratory action.
Frequently Asked Questions
Can Ohio cities ban flavored tobacco?
What products are covered by ORC 9.681?
Sources
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