Cincinnati has weighed flavored tobacco restrictions, but Ohio HB 513 in 2023 preempts most local flavored tobacco bans. The city's authority is now limited, with state law generally controlling flavored vape and menthol product sales.
Several Ohio cities, including Columbus, attempted to ban flavored tobacco and menthol vape products at the local level. In response, the Ohio General Assembly passed House Bill 513 in 2023, which broadly preempts municipalities from prohibiting tobacco product sales beyond what state law allows. Cincinnati therefore cannot impose a freestanding ban on flavored tobacco or menthol products. The city retains authority over zoning of tobacco retailers, smoking in public spaces under CMC Title 51, and licensing where state law permits. Federal FDA enforcement on unauthorized flavored e-cigarette cartridges remains the primary regulatory check on flavored vape products.
Local violations cannot be cited for selling flavored tobacco, but unauthorized e-cigarette products remain subject to FDA enforcement, and sales to minors trigger ORC 2927.02 penalties regardless of flavor.
See how Cincinnati's flavored tobacco bans rules stack up against other locations.
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