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casaa cta flavor ban

Ohio – Stop a Flavor Ban!

current status




Signed by
with line item

07.05.23 – Line item veto receipt (Item 24 – Prohibition of local regulation of tobacco and nicotine products)

07.04.23 – Effective Operating appropriations effective July 4, 2023. Other provisions generally effective October 3, 2023. Some provisions subject to special effective dates.

Week of 06.19.23 – Finance Conference Committee is expected to convene and finalize the language of HB 33.

Week of 06.12.23 – What started as a provision in the state’s 2024-2025 appropriations bill that would preempt local regulation of tobacco and nicotine products has been transformed by a tobacco company into a flavor ban as well.

On July 4th, 2023, Governor DeWine signed Ohio’s 2024-2025 appropriations bill (HB 33) into law. The final language did not contain the provision requiring a product registry of FDA-authorized products. But following Governor DeWine’s line item vetos, municipalities remain free to impose stricter regulations on less risky nicotine products, including flavor bans and raising taxes.

CASAA will continue monitoring activities at the local level and alert our Ohio members when threatening legislation pops up.

Thank you to all who participated in this Call to Action!

  • Urge your lawmakers to oppose big tobacco’s flavor ban amendment in HB 33 which would restrict your ability to use low-risk alternatives to smoking and send people back to smoking or to buy their vapor products from informal sources.
  • The amendment to HB 33 would ban flavored vapor products even if they are authorized for sale by the FDA as less harmful than smoking and appropriate for the protection of public health.
  • Briefly, share your story about switching to vaping and what role that flavors play in helping you live smoke free.
  • Note any health changes you’ve experienced.
  • Briefly, discuss what losing access to a local supply of vapor products will mean for you (Will you shop out-of-state, in neighboring cities, or online? Will you make your own e-liquid at home or purchase products on an underground market?).
  • Be brief, Be kind, and Say Thank You 🙂

For those new to vaping or just generally unfamiliar with federal regulations, the premarket tobacco application (or PMTA) deadline was September 9, 2020. This application is required to keep or bring new tobacco/nicotine products on the market. It is estimated that 95% to 98% of vapor manufacturers are effectively priced out of the authorization process.

But 98% is not 100% (as the antis are fond of saying).

The FDA has already approved some new tobacco products that are being sold in flavors other than tobacco (specifically mint, menthol, and wintergreen). In the weeks prior to the September deadline, the FDA accepted for review several applications for bottled e-liquid in flavors ranging from tobacco to cereal to fruit. Despite the rhetoric from certain members of congress and the incessant pro-drug war drum beat of tobacco prohibitionists, FDA is still capable of authorizing flavored smoke-free nicotine products for market. Moreover, FDA may even allow manufactures of these products to market them as safer than cigarettes, if they apply for and receive a modified risk order.

Ohio’s flavor ban would undermine any decision by the FDA allowing low-risk, flavored tobacco products on the market after having met the “appropriate for the protection of public health” standard. Even without involving the FDA, flavor bans are being enacted without thorough consideration of the negative consequences. Sales data from Massachusetts and New York suggest that many people who were vaping prior to the flavor bans simply returned to smoking.

While a flavor ban may amount to an inconvenience for teens experimenting with substance use, it is actively harming parents and other adults who are trying to quit smoking.

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HB 33 as passed by Senate

Read Full Bill Text