Columbus Shops Caught Still Pushing Banned Flavored Tobacco

More than two years after Columbus' flavored-tobacco ban took effect, some local stores are still stocking the sweet stuff. An undercover investigation recently found flavored vape liquids and other prohibited products on shelves across the city, revealing a stubborn gap between what the ordinance says and what customers can still walk out with. Some retailers say they cleared out flavored inventory to avoid trouble, while others continue to sell disposable vapes, leaving public-health officials and shop owners squarely at odds.

As reported by CW Columbus, ABC6 On Your Side's undercover team bought flavored vape liquid at multiple locations in Columbus and aired the findings on May 20. The station's reporting includes on-camera purchases and interviews with store owners that show a patchwork of compliance, from full removal of flavored stock to continued sales of items that fall squarely under the city ban.

Columbus' flavored-tobacco ordinance, codified in the City Health Code and effective Jan. 1, 2024, bars menthol and other flavored cigarettes, flavored cigarillos, flavored vape pods and flavored liquids, along with several other flavored tobacco products, according to Columbus Public Health. The department issues retail tobacco licenses, conducts undercover compliance checks and enforces a system of escalating civil fines. City leaders say the policy is aimed at cutting youth access to tobacco products and reducing the impact of decades of targeted marketing in vulnerable communities.

A Columbus City Attorney press release describes how those compliance checks have already turned up failed buys and fines at a number of retailers and led to legal action against repeat offenders. Investigators documented flavored-product purchases at locations including stores near Polaris and on East Broad Street, which triggered penalties that climbed from 1,000 dollars for a first offense to 10,000 dollars for multiple violations and, in some instances, efforts to revoke licenses. The City Attorney's office says this kind of local enforcement is critical to holding repeat violators accountable and protecting young people.

Legal Fight Over Local Control

The city's power to enforce its flavor rules is also playing out in court. After the Ohio legislature moved to block municipal flavored-tobacco bans statewide, a Franklin County judge ruled that law unconstitutional in May 2024, allowing Columbus' ordinance to remain in effect while appeals move forward, WOSU Public Media reports. The Public Health Law Center has been tracking the case as part of a broader push by cities that want to keep home-rule authority over tobacco regulation.

Some local business owners say they have decided the risk is not worth it. “They are breaking the law, they are doing something they are not supposed to do,” said Mike Billman, owner of Billman's Marathon, after his store pulled flavored products from its shelves and he estimated a roughly 30 to 35 percent drop in tobacco-related foot traffic. Billman told reporters he chose to stop selling flavored items specifically to avoid fines and licensing problems, CW Columbus reports.

Columbus Public Health's compliance program is sizable. Reporting cited by WOSU shows the department ran nearly 2,000 undercover checks over a 12-month period, with about a 25 percent noncompliance rate for underage sales. Officials say those undercover buys are key to documenting violations and building cases when retailers ignore the city's code.

What Retailers Face And How To Report

Under the city code, the financial hit for violations can escalate quickly. A first offense carries a 1,000 dollar civil fine, a second violation within two years jumps to 5,000 dollars, and further violations can result in a 10,000 dollar fine and potential license revocation, according to Columbus Public Health. Residents who suspect a retailer is selling banned flavored products can file complaints through the city's 311 system or contact the health department's tobacco-prevention program. The City Attorney's office says it will continue to pursue enforcement actions and, when necessary, litigation, as detailed in a press release from the City Attorney's Office.