Ohio Enforces Flavored Tobacco Ban, Illegal Smoke Shop Faces Closure

According to a report from Dispatch on November 14th, the Columbus City Prosecutor's Office has filed a lawsuit against a tobacco shop in West Columbus, accusing the shop of illegally selling tobacco products to minors and violating the city's flavored tobacco ban.

The lawsuit was filed last week with the Environmental Department of the Franklin County Municipal Court, and a hearing is scheduled to take place on November 18th.

Prosecutor Zach Klein stated that the smoke shop named "Smoke House" has been consistently selling tobacco products to minors in violation of the law in recent years. The lawsuit aims to classify the store as a public nuisance, which could result in its closure.

According to compliance checks by the public health department, between 2017 and 2024, the store has sold tobacco to minors at least six times when customers did not show their IDs. At least two times, the store continued selling such products in violation of Columbus' flavored tobacco ban.

Court records show that the store has changed ownership twice in the past seven years, with each change occurring shortly after compliance checks by the public health department. During these inspections, violations for selling to minors were consistently found.

In 2023, the Columbus Public Health Department fined the store $1000 for multiple violations, including selling tobacco products to agents who clearly stated they were underage. In January of the same year, Columbus's flavored tobacco ban went into effect, but the store continued to sell flavored e-cigarette products to agents from the public health department at least once after the ban was implemented.

According to court records, during a compliance check, a store clerk was found to have asked an undercover agent if they wanted to smell the marijuana. As a result, the Department of Public Health fined the store owner $5,000. The court records also indicate that the store is suspected of unlawfully selling marijuana products.

In August of this year, a city required a shop owner to pay a fine of $10,000 after an employee sold flavored e-cigarettes to a public health agent without verifying their identity.

In October, the city government sent a notice to store owners planning to revoke their tobacco sales permits. A week later, another group applied to obtain a tobacco permit at the same location under a similar name.

Despite the challenge from the Ohio state legislature, attempting to pass a law prohibiting the city from enforcing its flavored tobacco ban, earlier this year, a judge in Franklin County sided with the city government, allowing the ban to remain in effect. While the state government has appealed the ruling, there have been no recent developments.