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COLUMBUS, Ohio (WCMH) – State lawmakers hope increasing the fines for selling tobacco to youth will curb rising rates of vaping among children and teenagers.
The Ohio House overwhelmingly passed House Bill 258 on Jan. 10, which proposes stiffer penalties for businesses that sell tobacco products to those under 21. The bipartisan bill would enact costlier fines for repeat offenders and enable local governments to declare violating businesses “public nuisances.”
Rep. Sara Carruthers (R-Hamilton), sponsor of the bill, said increasing penalties for businesses that violate the law is one step of many the state needs to take to address the “teenage vaping epidemic.” The proposal has garnered support from school districts, prosecutors and the Ohio State Medical Association, all of which point to poor health outcomes for children and teens who use e-cigarettes, vapes and other products containing nicotine.
“The negligence of these retailers has directly led to an increase in the use of these products by students, and it is only getting worse,” Carruthers said on the House floor.
The bill adds to the definition of “public nuisance” any place with a “pattern of continuous or repeated violations” of selling tobacco products to those under 21 years old. Categorizing such businesses as public nuisances enables local governments, county prosecutors, the state attorney general and private citizens to file complaints against retailers who repeatedly violate the tobacco age limit law.
Currently, those found selling tobacco products to minors – which include accessories used to consume tobacco, whether they contain nicotine or not – face up to a $250 fine and 30 days in jail on first offense. Subsequent offenses are punishable by up to a $500 fine and 60 days in jail.
Under HB258, fines for selling tobacco products to those under 21 would increase as follows:
- First offense: up to $250
- Second offense: up to $500
- Third offense: $500
- Fourth offense: $1,000
- Fifth offense and beyond: $1,500
The National Youth Tobacco Survey found in 2023 that nearly 15% of middle school students and more than 1 in 4 high school students reported trying a tobacco product, with 6% of middle school students and nearly 13% of high school students reporting current use. The vast majority of middle and high school students who used tobacco in the past month used flavored tobacco products – products that are now banned in Columbus.
Jane Hanlin, Jefferson County prosecutor, testified in November that research showed nicotine use is harmful to youth brain development and increases the risk of addiction to other drugs. The chemicals and heavy metals in e-cigarettes are also linked with lung cancer and other lung diseases.
“There is simply no reason not to seek harsher punishments against those who disregard all of these facts in the name of profiting from the addiction of our youngest citizens,” Hanlin said.
If a court finds a business to be a public nuisance by violating the tobacco law, the court is required to enjoin the retailer from “maintaining the nuisance.” Products related to the nuisance will be sold at public auction, the proceeds of which will go toward legal fees and the local government’s general fund.
The courts can also order businesses to close for the remainder of court proceedings if the owner fails to abate the nuisance. Business owners who violate any court order will be charged with a first-degree misdemeanor, punishable by up to 180 days in jail and a $1,000 fine.
The Legislative Service Commission estimates increased revenue from public nuisance fines will depend on local governments’ existing ordinances related to the sale of tobacco products to underage people. Columbus, for example, has stricter penalties than what is proposed by the law, ranging from a $1,000 fine for a first violation to $10,000 fines and license revocation for businesses that violate the law three times in less than two years.
HB258 now heads to Senate committee for review.
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