COLUMBUS, Ohio (WCMH) — The start of the year marks flavored tobacco bans taking effect in Columbus and multiple other central Ohio cities, but the bans could be short-lived given recent action at the Statehouse.

Columbus City Council voted on Dec. 12, 2022, to ban the sale of flavored tobacco products within city limits. Products with “any taste or smell related to fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice (excluding flavored shisha tobacco)” are included in the city’s ban.

Council’s measure applies to electronic smoking devices as well as pods and cartridges, cigarettes, cigars and cigarillos, tobacco, chewing tobacco, nicotine pouches, snus and snuff, liquids used in electronic smoking devices, filters and rolling paper. 

Flavored tobacco will still be available for sale outside of city limits, and the ban will not penalize individuals for using flavored tobacco products. It will additionally allow an exemption for onsite consumption and the sale of hookah. 

The ban was prompted after health and city officials deemed tobacco use in Columbus a public health issue, claiming tobacco companies prey on racial minorities and flavored products are targeted at minors.

According to the FDA, more than 2 million middle and high school students in 2023 reported the current use of e-cigarettes, and almost 9 out of 10 reported using flavored products. 

“Nearly 90% of adults who use tobacco first tried smoking before the age of 18,” said Dustin Holfinger, the state government relations director for the American Heart Association. “Teenagers are the primary targets of the tobacco industry.”

Opponents of the ban cite concerns over the ban harming small businesses, as well as making flavored tobacco products harder to obtain for legal adults. Adam Naji, who owns Epic Puff in Clintonville, said he is being forced to close down his business and move out of state – he said flavored tobacco and methanol products make up 90% of his business. 

“Stop picking and choosing businesses, what they can and can’t do,” Naji said. “Adults can make their own choices. The city is basically giving the parents of young children the leverage to not take care of their own kids, you know what I’m saying? This is just an excuse to get rid of vape shops.”

Although the ban is now in effect, it may be reversed after recent action at the Statehouse. About a year ago, Gov. DeWine vetoed a bill that would prohibit local governments from banning tobacco and e-cigarette sales. Lawmakers included the same provision in the state budget this past summer, which DeWine vetoed again. In December, the House voted 60-31 to override DeWine’s veto. 

If a three-fourths majority of the Senate also votes to override DeWine’s veto, the proposal banning local governments from implementing their tobacco laws will pass, undoing Columbus’ flavored tobacco ban, as well as any others in the state. 

Currently, multiple central Ohio cities have followed Columbus’ lead and implemented tobacco laws. Grandview Heights and Worthington both passed their own flavored tobacco bans, which also take effect on Jan. 1. Bexley passed its flavored tobacco ban in 2020.

Currently, New Albany, Dublin, Hilliard, Reynoldsburg and Gahanna have not implemented their own flavored tobacco bans. Gahanna councilmember Stephen Renner said the city believes that its recently passed tobacco retail license legislation will protect children from access to tobacco products, but city council will be monitoring the situation and may later determine more protections need to be set up.

Grove City additionally has not implemented any tobacco bans – Mayor Richard Stage told NBC4 city officials have discussed the issue, but are putting talks on hold to discuss how the city will handle marijuana. Westerville also does not have any legislation relating to flavored tobacco, but a spokesperson said the city is “monitoring the veto override debate currently in the Ohio Senate.”

Local municipalities can still implement their bans for now. The next House and Senate sessions are scheduled for Jan. 24, and the Senate has until the end of 2024 to concur with the House’s decision – ultimately banning municipalities from implementing flavored tobacco bans, and undoing any current bans. 

Anna Hoffman contributed to this report.