Ohio Flavored Tobacco Preemption Under HB 513

House Bill 513, signed in January 2023 and codified in ORC 9.681, preempts municipalities from regulating the sale, distribution, packaging, marketing, taxation, or use of tobacco, alternative nicotine, and vapor products. The law was passed after Columbus and several Ohio cities adopted local flavored tobacco bans. Governor DeWine vetoed a follow-up provision; the legislature overrode parts of it. Ohio cities including Columbus and Cleveland have continued litigation, with Ohio Supreme Court review pending in cases challenging the preemption statute as a violation of municipal home rule.

Local ordinances that conflict with ORC 9.681 are unenforceable and may be struck down through declaratory action.