A temporary restraining order has been issued by a judge in Franklin County, Ohio, preventing a new state law from being implemented next week that would have overridden local restrictions on flavored vape and tobacco products in Ohio cities. The order was issued by Judge Mark Serrott of the Franklin County Common Pleas Court, who also scheduled a hearing for a preliminary injunction on May 17.

Earlier in the month, a lawsuit was brought forward by a coalition of 14 cities in Ohio, challenging the state law that forbids cities from enacting bans on flavored vapes and tobacco products, or setting local standards that are more stringent than state tobacco regulations.

The plaintiffs in the case requested that the court issue a temporary restraining order to prevent the state law from being implemented while the lawsuit is ongoing, along with a permanent injunction. Judge Serrott's decision to issue the restraining order suggests that the lawsuit has strong merit, as reported by the Columbus Dispatch.

Columbus, Cleveland, and Cincinnati, the three largest cities in Ohio, are among the plaintiffs represented in the lawsuit, initiated by Columbus city attorney Zach Klein. The state law was a response to Columbus' 2022 ordinance, which prohibited the sale of flavored vapes and tobacco products and has been effective since January 1.

The cities claim that the law infringing on their ability to enforce local bans on flavored vapes and similar tobacco products contravenes their home rule rights, which are protected under the Ohio Constitution. Had the state law been enacted next week, it would have overridden the Columbus ban on flavored vapes, as well as similar prohibitions in Toledo and other municipalities. However, the enforcement of the flavor bans will continue for the time being due to the temporary restraining order.

The legislation that would override local bans on flavored tobacco and vape products was included in last year's budget bill. Governor Mike DeWine initially vetoed the preemption provision on January 4, but his veto was overturned by votes in both chambers of the General Assembly within three weeks, setting the law to take effect after 90 days.