Ohio Appeals Court Upholds Cities’ Authority to Protect Kids and Public Health from Tobacco

WASHINGTON, D.C. – In a major victory for the health of Ohio’s kids and communities, Ohio’s 10th District Court of Appeals today sided with Columbus and other cities and declared unconstitutional a 2023 state law that stripped cities of their authority to enact their own tobacco control laws. The appeals court ruled that the state law violates home rule provisions of the Ohio Constitution, upholding an earlier ruling by a Franklin County judge.

Today’s decision affirms the authority of Ohio cities to protect their citizens from tobacco use, which is the number one cause of preventable disease and death. It allows Columbus and other cities to continue enforcing their tobacco control laws, including laws prohibiting the sale of flavored tobacco products. Such laws are critical to stop the tobacco industry from continuing to addict kids with products like flavored e-cigarettes, menthol cigarettes and flavored cigars. Tobacco companies also target Black, LGBTQ+ and other communities with flavored products, contributing significantly to health disparities. The appellate court’s ruling underscored the importance of such laws, finding that if the state law had been upheld, “cities could do nothing to stem the sale of flavored tobacco products, no matter the addictive or mortal effects of the tobacco industry’s targeted advertising to children or other demographic groups.”

We applaud the leaders of Columbus and other Ohio cities that challenged the state law and fought for their right to protect public health. The Campaign for Tobacco-Free Kids, joined by 15 other public health, medical and community groups, filed an amicus brief supporting the cities’ position in this case.