March 6, 2026

The Ohio Supreme Court has agreed to hear an appeal filed by the state’s attorney general concerning lawsuits against three vape retailers. Lower courts had previously dismissed the cases, ruling that federal law determines whether e-cigarette products may be marketed and sold.

Key Points

• The Ohio Supreme Court agreed to review an appeal from the state attorney general involving three lawsuits against vape retailers.
• A lower court ruled that federal law determines whether e-cigarette products may be approved for sale and dismissed the state’s claims.
• The cases involve retail stores located in Orrville, Delaware, and Cincinnati.
• The state alleges the retailers sold flavored e-cigarettes without required FDA authorization and failed to disclose their regulatory status to consumers, which could constitute deceptive practices.

2Firsts, March 6, 2026

According to a report by NBC4, the Ohio Supreme Court has agreed to hear a case that could affect the authority of state officials to enforce laws aimed at limiting illegal e-cigarette sales.

The court accepted an appeal filed by Ohio Attorney General Dave Yost, who is asking the state’s highest court to reinstate lawsuits filed against three e-cigarette retailers in Ohio.

Lower courts previously dismissed the cases, concluding that federal law determines whether e-cigarette products are allowed to be marketed and sold in the United States.

The central dispute is whether Ohio can use the state’s Consumer Sales Practices Act to hold retailers accountable for selling flavored e-cigarettes that lack federal authorization.

In July 2024, Yost filed separate complaints against stores located in Orrville, Delaware, and Cincinnati. His office alleged that the retailers sold flavored e-cigarette products without the required federal regulatory authorization and failed to inform consumers of the products’ regulatory status, which could constitute deceptive conduct.

At the time, Yost described the action as a consumer protection effort aimed at protecting minors from potentially harmful products and raising questions about the ingredients in vape cartridges sold by the stores.

At the federal level, new tobacco products—including e-cigarettes—must obtain premarket authorization from the U.S. Food and Drug Administration (FDA) before they can be sold in the United States. The report noted that the FDA has authorized only a limited number of e-cigarette products, all of which are tobacco- or menthol-flavored.

The Ohio Fifth District Court of Appeals previously ruled that the state’s claims were limited by the principle of federal preemption. The court cited U.S. Supreme Court precedent indicating that enforcement procedures under the Federal Food, Drug, and Cosmetic Act fall under the exclusive authority of the federal government.

Image source: NBC4