The Ohio Supreme Court heard arguments over whether the state can use its consumer protection laws to take action against retailers selling unauthorized flavored e-cigarettes, a case that could define the extent of state authority alongside federal tobacco regulation. The lawsuits, originally filed in 2024 against several Ohio tobacco retailers, allege the stores sold flavored vaping products that lacked U.S. FDA marketing authorization.
Retailers argued that enforcement of federal tobacco marketing laws rests exclusively with the FDA, while Ohio officials contended the state has the authority to protect consumers from illegal product sales. The case comes as Ohio also awaits a separate Supreme Court ruling on whether cities can enforce their own flavored tobacco restrictions after the state enacted a law preempting local regulations.



