Ohio GOP lawmakers want to override DeWine veto on flavored tobacco bans

Some Ohio House Republicans are attempting to overturn Gov. Mike DeWine’s veto in order to prevent cities from prohibiting the sale of flavored tobacco.

This disagreement highlights the divisions between DeWine and his fellow Republicans over flavored tobacco, including menthol, as well as the friction between state legislators and city officials over home rule, a principle giving local politicians the authority to establish policies for their constituents.

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In late 2022, Columbus City Council voted to ban the sale of flavored tobacco products. Cincinnati, Dayton, and Cleveland are also contemplating similar regulations.

City leaders argue that these changes are necessary to combat teen vaping. Research indicates that young people overwhelmingly prefer fruit or candy-flavored e-cigarettes, despite the legal age to purchase cigarettes and tobacco products being 21 years old.

However, Republicans in the Ohio Legislature quickly passed a bill to counter Columbus’ ban, including a provision limiting cities from prohibiting flavored tobacco sales in the state’s two-year budget.

Nevertheless, DeWine opposed flavored tobacco sales and vetoed that change twice. DeWine’s actions allowed Columbus’ ban to proceed and other cities to consider similar measures.

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Several months later, Republican lawmakers are attempting to reverse DeWine’s decision, but the outcome remains uncertain. An override of DeWine’s veto requires support from 60% of legislators in the House and Senate, making vetoes rare due to the high threshold.

House speaker backs override of DeWine veto

Speaker Jason Stephens, R-Kitts Hill, stated his support for overriding DeWine’s veto to establish consistency across the state for tobacco product retailers. “Especially in the retail space, it’s a little bit confusing for consumers and retailers.”

However, DeWine’s spokesman suggested that lawmakers could create consistency by enacting a statewide ban on flavored tobacco, including menthol. In the interim, “the governor supports any local government who wants to go a little farther in protecting kids,” DeWine spokesman Dan Tierney said.

Democratic Rep. Casey Weinstein, of Hudson, opposes the override, arguing that it would undermine cities’ home rule powers and put children, who are particularly vulnerable to flavored tobacco, at risk. Weinstein also criticized DeWine for not vigorously advocating for a statewide ban.

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An override would present another affront to cities’ ability to establish their own policies. In recent years, state lawmakers have banned local rules pertaining to issues such as plastic bag restrictions, puppy sales, red-light cameras, and minimum wage.

Cities must have the authority to use their regulations to prevent addictive products from reaching children, stressed Keary McCarthy, executive director of the Ohio Mayors Alliance.

“Teen tobacco use is on the rise as vaping and other flavored tobacco products are targeted towards children,” McCarthy said. “Overriding Gov. DeWine’s veto would be a mistake that would adversely impact teens and undo other retail tobacco licensing efforts that have been on the books for over 20 years.”

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Targeting those who sell to those under 21

Against this backdrop, Rep. Sara Carruthers, R-Hamilton, proposed House Bill 258, aiming to increase the fines for stores that repeatedly sell tobacco or vaping products to those under 21 as a means to reduce teen vaping.

“The negligence of these retailers has directly led to an increase in the use of these products by students, and it is only getting worse,” Carruthers stated. Current penalties aren’t commensurate with the offense. “It’s a slap on the hand to these people.”

Carruthers’ bill is in the initial stage of the legislative process. Meanwhile, Stephens remains uncertain as to whether lawmakers can secure enough votes to override DeWine’s veto.

“It’s the political process and having the numbers and trying to see the energy behind that,” Stephens said.

Jessie Balmert 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 Cincinnati Enquirer: Will Ohio lawmakers override DeWine’s veto on flavored tobacco bans?