Today, the Ohio State Senate decided to override Governor Mike DeWine's veto of a bill that would have prevented municipalities from outlawing tobacco products with flavors and from enacting other local laws that go beyond state laws.
Weeks after the State House voted 60-31 to override the veto, the Senate held a 24-8 vote. Gov. DeWine blocked the preemption provision in the state budget measure that was passed in July by using his line-item veto power.
The Columbus Dispatch reports that the flavor ban preemption measure will become a law in ninety days.
The veto override will lift Columbus's restriction on flavored nicotine products, which went into force on January 1. Republicans in the state legislature proposed a bill that would prohibit towns and other municipalities from establishing their own tobacco product standards in response to the 2022 passing of that law.
In the previous eighteen months, 26 Ohio communities have either passed or are considering passing local flavor ban regulations, according to the Consumer Advocates for Smoke-free Alternatives Association (CASAA). The Columbus flavor ban and the Toledo ordinance from 2019 that prohibits the sale of flavored prefilled pods and cartridges will also be barred, along with those legislation.
A similar preemption statute that was approved in December 2022 was vetoed by DeWine in January 2023. However, lawmakers were unable to override the veto since the governor issued it after the state legislature had adjourned.
DeWine, a Republican, has backed attempts to enact a statewide ban on flavored vapes and is a strong advocate for limitations on vaping devices.
