2FIRSTS | Ohio Supreme Court takes up appeal that could define state limits on illegal vape sales enforcement
The Ohio Supreme Court will hear a case determining if the state can enforce its consumer protection laws against illegal vape sales.Summary
The Ohio Supreme Court has agreed to review Attorney General Dave Yost’s appeal regarding lawsuits against three Ohio vape retailers. Lower courts dismissed the cases, citing federal preemption – the principle that federal law governs the marketing and sale of vaping products. The core issue is whether Ohio can utilize its Consumer Sales Practices Act to target retailers selling flavored e-cigarettes lacking FDA authorization and failing to disclose this to consumers. Yost argues the state is enforcing its own consumer protection laws against deceptive practices, while the appellate court maintained that enforcement of the federal Food, Drug and Cosmetic Act rests solely with the federal government. The FDA has authorized only a limited number of vaping products, primarily in tobacco and menthol flavors.
(Source：2Firsts)
