Heath, Ohio to Regulate Flavored Tobacco and Vape Sales Starting January 2025
Licking County Board of Health to Conduct Annual Inspections of Retail Stores Selling ENDS Products
A new ordinance in the city of Heath, Ohio, will take effect on January 1, 2025, regulating the sale of electronic nicotine delivery systems (ENDS) to ensure that only FDA-approved products are available for purchase at local stores. The ordinance, approved by city councilors last year, aims to protect Heath citizens from purchasing unapproved vaping devices and e-cigarettes.
The ordinance prohibits the sale of ENDS products, including vapes, e-cigarettes, e-pens, and personal vaporizers, that have not obtained federal authorization from the Food and Drug Administration (FDA). As of July 2024, the FDA had authorized more than 30 e-cigarette products and devices.
The Licking County Board of Health will partner with the city of Heath to enforce the ordinance by conducting annual inspections of retail stores selling ENDS products within the city limits. The health department announced the ordinance’s passage and its partnership with the city in a Facebook post in November 2024.
The implementation of the Heath city ordinance comes months after a Franklin County judge ruled that a state law banning cities from regulating the sale of flavored tobacco products is unconstitutional. The state legislature had passed the law in 2022 despite a veto from Governor Mike DeWine, prompting a joint lawsuit filed by municipalities such as Columbus, Cleveland, and others against the state. The ruling, however, only applies to cities included in the lawsuit.
Heath Mayor Mark Johns stated that city officials and the health department held an information meeting on November 26, 2024, to explain how the inspection and enforcement process will work. He also mentioned that he is not aware of any Heath businesses selling illegal vape devices in recent years.
In July 2024, Ohio Attorney General David Yost filed complaints against three businesses in the state accused of selling illegal vapes. Yost emphasized the importance of this consumer protection issue, particularly for young people who are still developing, stating, “You don’t have any idea what is in those vape cartridges. This is a consumer protection issue, particularly when it comes to our youngsters that are still developing, the idea these unregulated, unauthorized vapes are on the market is a real danger.”
The implementation of the Heath city ordinance reflects the growing concern among local authorities about the potential health risks associated with unapproved ENDS products and the need to protect consumers, especially youth, from these dangers.
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