Ohio Supreme Court to Review Vape Retailer Lawsuits
The Supreme Court of Ohio has agreed to hear an appeal filed by the state attorney general in lawsuits against three vape retailers. Lower courts had previously dismissed the cases, citing federal law as the governing factor for the sale of vape products.
Key Takeaways
The Ohio Supreme Court has accepted an appeal by the state attorney general in three lawsuits against vape retailers; the lower courts ruled that federal law determines whether vape products can be sold and dismissed the state’s claims accordingly; the lawsuits target stores in Orrville, Delaware, and Cincinnati; the state alleges that the retailers sold flavored vapes without U.S. Food and Drug Administration approval and failed to inform consumers of this status, constituting deceptive practices.
NBC4 Report Highlights Major Legal Dispute
According to a March 6, 2026 report by NBC4, the Ohio Supreme Court has agreed to hear a controversial case that could affect the boundaries of state officials’ enforcement in curbing the illegal sale of vapes.
Attorney General Dave Yost Files Appeal
The Ohio Supreme Court accepted the appeal of Attorney General Dave Yost, who requested the court to reinstate his lawsuits against three Ohio vape retailers.
Lower Courts Cite Federal Law in Dismissing Cases
Lower courts previously dismissed these cases, arguing that federal law determines whether vape products can be marketed and sold.
Key Legal Question: State Authority vs Federal Oversight
The crux of the dispute lies in whether Ohio can hold retailers liable under its Consumer Sales Practices Act for selling unauthorized flavored vapes.
Lawsuits Target Vape Stores in Three Ohio Cities
Yost launched his campaign in July 2024, filing complaints against stores in Orrville, Delaware, Ohio, and Cincinnati. His office stated that these retailers misled consumers by failing to disclose the status of flavored vape products that did not receive federal regulatory approval.
State Says Lawsuits Aim to Protect Consumers and Minors
Yost stated at the time that this action was a consumer protection effort aimed at protecting minors from potentially harmful products and questioning the ingredients of the vape cartridges sold in the stores.
FDA Authorization Required for New Vape Products
At the federal level, new tobacco products (including vapes) must obtain premarket approval from the U.S. Food and Drug Administration before being sold in the United States. The report notes that the FDA only authorizes a limited number of vape products, all of which are tobacco or menthol-flavored.
Appeals Court Previously Ruled in Favor of Federal Authority
The Fifth District Court of Appeals of Ohio ruled that Ohio’s claims were limited by the principle of federal priority. The court cited a precedent set by the Supreme Court of the United States, stating that enforcement proceedings under the Federal Food, Drug, and Cosmetic Act are the exclusive domain of the federal government.
