OSMA recently signed on to an amicus (“friend of the court”) brief in a case concerning the State of Ohio’s authority to prohibit municipalities from banning flavored tobacco products. 

The case, titled Columbus, et al. v. Ohio, et al., 10th Dist. Case No. 24AP333, stems from a 2022 law passed by the Ohio Legislature (over the Governor’s veto) which prohibits Ohio cities from banning the sale of these flavored tobacco products. R.C. 9.681. In May of this year, a Franklin County Judge found the statute unconstitutional based on the “Home Rule”, a provision in Ohio’s Constitution guaranteeing certain authority of law-making to political subdivisions of the state (municipalities, townships, counties). That decision has been appealed.

Outside the obvious decades of medical data showing the dangers of tobacco use, OSMA is also guided by its multiple policies advocating against the use and advertisements of tobacco, including Emergency Policy 1 – 2008, in which OSMA supports all efforts to curb tobacco use.

For this brief, the OSMA has partnered with the AMA, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, American Academy of Pediatrics (Ohio Chapter), and other public health advocacy organizations to stress to the Court importance of any law that can limit the use of tobacco—especially flavored tobacco products that appeal to children.  We ask the Court uphold the trial court’s finding of that statute unconstitutional, which in turn will permit many Ohio cities to continue banning the sale of these dangerous products.

Currently, parties have filed initial briefs, and there have been no injunctions filed. The state of the law, pending the appellate decision, is that cities can currently prohibit the sale of flavored tobacco products.

 View the Brief >

 

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