Ohio’s Budget Bill did not ban all flavored vapes

Intro

New legislation from Ohio tried to ban all flavored vaping or e-liquids as the state tried to pass their budget bill. If the ban ended up passing that would mean a complete elimination of vape shops and affect all facets of the vape industry in the state. Then how was such a last minute amendment suddenly written in? Let’s review what this means and how this could possibly affect vape consumers in The Buckeye State.

What will the amendment do?

If the amendment came into law, it will prohibit the sale of any flavored ENDS products that haven’t been approved by the FDA, excluding menthol and tobacco. That means vape shops will not be able to sell any sort of flavored vape, whether it is a close disposable system or an open system vape. Business will go down in many shops, just like what’s happening in California after their flavor ban.

The flavor ban was promoted to Ohio legislators by Big Tobacco Giant R.J. Reynolds, seeing their track record on making sure flavored vapes don’t stay but their vapes do. This is key in understanding that the FDA has not approved any products that are not tobacco flavored.

R.J. Reynold's past intervention

If we look back into it, R.J. Reynolds’ Vuse vape products have been facing pressure as flavored disposable pushes the tobacco flavored products out and continues to compete against open system vapes. As they have openly been against open system vapes to the beginning of the FDA’s Deeming regulations. They commented, not by R.J. Reynolds but by the name of RAI Services, to give a suggestion that open systems should be outright banned.

Ohio's Passing

Coming back to the Ohio legislation, the only ones winning would be Big Tobacco products like Vuse. But on the June 30th update, the flavor ban was removed from the final bill. Gregory Conley, a member of the American Vapor Manufacturers Association, tweeted that they did in fact remove the ban.

Ohio is still on the passage to trying to have a statewide ban on flavored vapes, but for now the state has avoided a complete wipe out. Adhering to the fact that the governor also vetoed the preempted provision that prohibited local governments in Ohio to pass their own tobacco and vaping laws.

Write your thoughts below on Ohio’s crazy battle to keep their flavored vapes.

1. California businesses going down, https://www.laloyolan.com/news/local-tobacco-stores-face-challenges-after-flavored-tobacco-ban/article_1793be2f-bfb1-5a01-b5cf-fee5875b81b8.html
2. Reynolds tracking record, https://www.businessinsider.com/tobacco-politics-reynolds-american-money-contributions-campaign-2022-5
3. FDA authorized tobacco flavored vapes, https://www.fda.gov/tobacco-products/premarket-tobacco-product-applications/premarket-tobacco-product-marketing-granted-orders
4. RJ Reynolds opposes vapes, https://www.regulations.gov/document/FDA-2014-N-0189-76048
5. RJ Reynolds poses under subsidiary to suggest to ban vapes, https://www.bloomberg.com/profile/company/9894960Z:US
6. RJ Reynolds poses under subsidiary to suggest to ban vapes, https://www.sec.gov/Archives/edgar/data/1275283/000119312512062917/d268047dex211.htm
7. Tweet that the flavor ban was removed, https://twitter.com/GregTHR/status/1674849033137840128
8. Governor Mike DeWine vetos preemption provision, https://ohiocapitaljournal.com/2023/01/06/ohio-gov-dewine-vetoes-tobacco-measure-that-would-prohibit-local-bans/