Columbus to challenge state's local preemption on flavored tobacco regulation

Columbus City Attorney Zach Klein plans to file a lawsuit in the next couple months challenging the state legislature's move to ban Ohio cities from prohibiting the sale of flavored tobacco products, his office said.

"As part of the lawsuit, the city plans to ask the court for a temporary restraining order and preliminary injunction to suspend the state law during the pendency of litigation," said Pete Shipley, a spokesperson for the office.

The city will take action before the 90-day waiting period for the new law to take effect, which happens in late April, Shipley said.

"The City will be ready to present a strong case to the court defending the rights of cities to step in and make policy decisions to protect public health and safety," Shipley said, who had no comment on whether other cities had signed on with the office in backing the Columbus lawsuit, other than that "discussions between a number of cities are ongoing as to what a potential litigation strategy looks like."

The Ohio Senate last week overturned Gov. Mike DeWine's veto of a measure that prohibits cities from imposing flavored tobacco bans, which critics fear could strip them of any tobacco regulation.

The move by Senate Republicans came weeks after the House voted to override DeWine's decision. That move means all local regulations aimed at curbing teen smoking and vaping could be moot.

Columbus' ban on flavored tobacco products had only begun at the start of this year. Along with Columbus, the suburbs of Bexley, Grandview Heights and Worthington either had or were planning similar outright bans.

But other suburbs, including Dublin, Gahanna, Grove City, Hillard, New Albany, Reynoldsburg, Upper Arlington, Westerville and Whitehall, were still allowing the sale, even though health officials are increasingly concerned that the habit-forming trade may be targeting kids with flavors such as apple, cherry, chocolate, bubble gum, toffee, root beer float, buffalo wing, candy and strawberry.

Bexley Mayor Ben Kessler told The Dispatch last week that state lawmakers had sided with those who are marketing products "designed to lure our teenagers and children into addiction."

GOP officials in the House and Senate contend the state should have uniform guidelines and say the tobacco bans hurt small businesses.

wbush@gannett.com

@ReporterBush

This article originally appeared on The Columbus Dispatch: Columbus plans to sue over state ban on cities regulating tobacco