At odds and head-to-head: Ohio lawmakers prepare veto override to block vaping ban

Ohio lawmakers have been working for over a year to pass legislation to prevent towns across Ohio from banning flavored tobacco and vaping products, as millions are using these products to quit smoking.

Ohio Governor Mike DeWine has twice blocked the actions of state lawmakers in 2023, but they may succeed in early 2024. This month, the Ohio House voted to override DeWine's veto, and the Ohio Senate is expected to vote in January on whether to agree with the House's override, potentially making the ban on vaping products law.

During an annual holiday breakfast with reporters in early December, Governor DeWine criticized the House's December 13 vote to override his veto on the vaping ban. "Achieving uniformity is simple—just stop using e-cigarettes," DeWine said regarding the priority legislation, explaining his view that "it is e-cigarettes that are addicting children."

Earlier this year, a majority of Ohio senators voted in favor of the vaping ban proposal as part of the budget, but Governor DeWine used his line-item veto to remove it. Supporters of the two vetoed priority measures pointed out that their goal is to prevent a patchwork of local regulations in Ohio that would make the state a more expensive and less business-friendly place to create jobs.

Beth Wymer, executive director of the Ohio Wholesale Marketers Association, stated, "In just the past 18 months, at least 26 localities in Ohio have passed, proposed, or considered drafting ordinances that add more confusing layers of regulation, licensing fees, location restrictions, and fines that can vary by locality. They determine winners and losers based on business addresses, without considering how policies based on bans, such as local vaping bans, might affect businesses and push products into illegal channels and online sources. Responsible, regulated, and tax-paying businesses in the community suffer losses, while criminal enterprises that do not care about age verification and online sellers that have already illegally sold e-cigarettes to minors thrive."

If the Ohio Senate votes in January to override Governor DeWine's veto, Ohio will join several other states in preventing local politicians from banning flavored tobacco and vaping products. The Senate's approval of the veto override will stop the vaping ban implemented by the city of Columbus. It will also end ongoing efforts in Cleveland and other areas to impose vaping bans. Cleveland Mayor Justin Bibb (Democrat) joined DeWine in criticizing the House's override of the veto.