Gov. Mike DeWine vetoes flavored tobacco ban bill, signals support for statewide ban

Sticking with his decades-long push against kids smoking, Gov. Mike DeWine vetoed a bill on Thursday that would've blocked cities from banning the sale of menthol cigarettes and vapes flavored like candy.

Rather than quietly use his veto pen, DeWine called a press conference with health officials to sound the alarm over a youth smoking and vaping "epidemic" exacerbated by flavored products.

"We’re dealing now with young people’s lives," DeWine said. "When a local community wants to make the decision to ban these flavors to protect their children, we should applaud those decisions."

A 2019 survey found nearly 30% of Ohio high school and 12% of middle school students use flavored tobacco or vaping products.

The governor has been forthright about his views on flavored tobacco and previously hinted he would veto the bill. Nearly two decades ago when he was a U.S. senator, DeWine teamed up with Democrat U.S. Sen. Ted Kennedy on a bill to let the Food and Drug Administration prohibit marketing tobacco products to kids and block sale of new flavored tobacco products.

DeWine also suggested lawmakers should pursue a statewide ban on flavored tobacco.

"The easiest way to do this is to have a statewide ban," DeWine said. "We'll have uniformity, we'll remove the issue, and we'll also protect kids throughout the state."

Veto paves way for local bans, including Columbus

DeWine's veto is a win for local communities, including Columbus, that want to regulate flavored tobacco and vaping products. Columbus adopted an ordinance earlier in December to ban menthol cigarettes and other products, just days before lawmakers introduced the bill rejected by DeWine.

"Columbus is taking steps to curb teen smoking and vaping and address how the industry targets Black consumers with menthol cigarettes," Columbus Mayor Andrew Ginther said in a statement. "Constitutional home rule allows us to do what is best for our residents. This veto is a positive step for the children of Columbus."

Public health advocates also cheered the governor's decision. They view local ordinances as tools to curb teen smoking and vaping and address how the industry targets Black consumers with menthol flavored cigarettes.

"They're very enticing to young people to go ahead and start, and it makes them more safe," said Dr. Sara Bode, a pediatrician at Nationwide Children's Hospital. "They are marketed to look like a product that a kid would try and use."

Supporters of House Bill 513 argued there shouldn't be a patchwork of regulations and said the oversight of tobacco products is a statewide issue. The Ohio Constitution allows local cities to adopt their own regulations, as long as they don't conflict with general statewide laws.

The previous General Assembly has already adjourned, so lawmakers are not able to override DeWine's veto, according to spokesmen for the governor and Senate Republicans.

DeWine veto latest win for anti-tobacco advocates

Anti-tobacco forces have pressed for policy changes first at the local level, followed by at the state level.

Nearly 20 years ago, Ohio cities began passing indoor smoking bans, in part to build support for a statewide ban. When lawmakers failed to act, public health groups used the citizen-initiated statute process to put a statewide indoor smoking ban on the 2006 ballot. It passed by nearly 60%.

Five years ago, a consortium of cities passed local laws to bump the tobacco purchase age to 21 and older. Then in 2019, the state set the purchase age as 21 and up.

Columbus Dispatch reporter Bill Bush contributed.

Laura Bischoff and Haley BeMiller are reporters for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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This article originally appeared on The Columbus Dispatch: Mike DeWine vetoes bill over who regulates flavored tobacco, vapes