Ohio Senate overrides DeWine veto to keep cities from banning flavored tobacco

The Ohio Senate on Wednesday overturned Gov. Mike DeWine's veto of a measure that prohibits cities from imposing flavored tobacco bans, which critics fear will wipe out other local tobacco restrictions.

The move by Senate Republicans came weeks after the House voted to override DeWine's decision. That means the bill will become law in 90 days, thwarting efforts by places like Columbus to impose bans aimed at curbing teen smoking and vaping.

Proponents believe Ohio should have uniform guidelines for tobacco and say the legislation will protect small businesses. The bill says tobacco regulation is a "matter of general statewide concern."

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Sen. Bill Blessing, R-Colerain Township, was the only Republican to oppose the override.

"People may leave the city of Columbus, even though they live in the city of Columbus, to go buy what they want, and they're not supporting their local stores," Senate President Matt Huffman, R-Lima, said.

Anti-tobacco groups say these bans are necessary to reduce teen vaping, as studies show young people prefer fruit or candy-flavored e-cigarettes. Tobacco companies have also marketed menthol cigarettes to Black Americans, contributing to 45,000 deaths from tobacco use per year, according to the American Lung Association.

"The legislators who voted to override the veto said they did so to protect jobs and small businesses in their respective communities," said Dustin Holfinger, state government relations director for the American Heart Association. "When did vape shops and tobacco retailers become pillars of our communities and public health ignored?"

How new law could affect other local tobacco rules

Opponents also worry the bill's broad language could make it harder to enforce local smoking bans on Ohioans younger than 21.

Ohio raised the minimum age for tobacco sales from 18 years old to 21 in 2019. But 26 municipalities issue local licenses to tobacco retailers and conduct compliance checks to ensure they aren't selling to children and teens. License fees and penalties help cover program costs and other tobacco cessation efforts in those communities.

More: Ohio cities slam tobacco ban override as 'unconstitutional overreach,' vow action

"Our local communities are the last line of defense to enforce the requirement that those under 21 do not have access to these harmful products," said Kent Scarrett, executive director of the Ohio Municipal League. "That makes this stripping of local control even more concerning."

Huffman said he was just recently made aware of concerns about the impact on other tobacco rules. The Legislature can clarify the law down the road if necessary, he said.

DeWine struck down the ban on bans twice: Once as separate legislation, and again when lawmakers tried to include it in the state's two-year budget. Veto overrides are rare, but the Legislature has done it twice in recent weeks as divisions persist between DeWine and his fellow Republicans over public health and transgender medical care.

DeWine contends lawmakers can address concerns about uniformity by passing a statewide ban on flavored tobacco products.

"It is a big win for Big Tobacco," DeWine told reporters on Wednesday. "They've lobbied this. They've been all over this. They want this. Children are going to suffer because of this."

Reporter Jessie Balmert contributed.

Haley BeMiller is a reporter 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.

This article originally appeared on The Columbus Dispatch: Ohio Senate overrides DeWine veto to block local flavored tobacco bans