Updates on Vaping Laws in Ohio: What You Need to Be Aware Of

Vaping laws are changing across Ohio, and these updates could affect the way vape businesses operate. From new rules on product standards to stricter sales regulations, it’s important to understand what’s required. This blog will provide an overview of the current vaping laws in Ohio, incorporating recent legal developments and authoritative sources.

Overview of Vaping Laws in Ohio

As of 2025, Ohio has clear laws in place for vaping products to protect public health.

If you’re running a vape business, it’s important to know that the legal age to buy or sell these products is 21, and selling to anyone under that age is strictly prohibited.

Vaping is also banned in public spaces and workplaces, similar to traditional smoking restrictions, so it’s not allowed indoors in areas like restaurants or offices. 

Ohio applies a tax on vaping products, which is set at $0.01 per vapor volume. Recently, there have been changes allowing cities in Ohio to make their own decisions about banning flavored tobacco products. 

Additionally, Governor DeWine has pushed for a statewide ban on flavored vaping liquids to make them less appealing to younger users. As a business owner, it’s essential to stay updated on these rules to ensure compliance and support safer practices.

In May 2024, a Franklin County judge ruled that an Ohio law banning cities from banning flavored tobacco sales was unconstitutional. This was a significant legal development. It upheld cities like Columbus' authority to ban flavored vaping.

Age Restrictions and Sales

In Ohio, there are clear rules to follow when selling vaping and tobacco products to make sure they’re sold responsibly.

Retailers are required to put up a sign that states it’s illegal to sell these products to anyone under 21. This sign needs to be easy to see and use bold letters at least half an inch tall.

Those who sell products online or through delivery must verify the buyer’s age. If the details they provide seem fake or don’t match, you’re not allowed to complete the sale. Breaking these rules can lead to fines of up to $1,000 for each violation.

It’s also against the law to give out free samples of vaping or tobacco products, even through coupons or promotional offers.

Manufacturing and Importing Vaping Products

When you're involved in manufacturing or importing vaping products in Ohio, it's crucial to understand and comply with both federal and state regulations.

Federal Requirements for Manufacturing Vapor Products

At the federal level, the Food and Drug Administration (FDA) oversees the production of electronic nicotine delivery systems (ENDS), which include e-cigarettes and vaping devices.

Manufacturers are required to adhere to FDA guidelines that cover various aspects of their products. This includes:

·  Proper labeling

·  Accurate ingredient reporting

·  Meeting established safety standards

Staying updated with the FDA's regulations is essential, as non-compliance can lead to significant penalties.

Importation Regulations

If your business involves importing e-cigarettes or flavored vaping products, you must navigate strict federal import laws. This entails providing proper documentation for your products. Plus, it ensures they comply with both federal and Ohio state regulations before they enter the market.

It's important to note that flavored nicotine products are subject to increased scrutiny. Especially concerning their appeal to younger consumers.

Excise Tax on Vapor Products

In Ohio, there's a specific excise tax applied to vapor products. The state imposes a tax of $0.01 per vapor volume on these products.

As a manufacturer or importer, it's your responsibility to account for this tax in your pricing structure. You also have to ensure accurate reporting to the Ohio Department of Taxation. Proper tax compliance is crucial to avoid fines and maintain good standing with state authorities.

Selling and Distribution of Vaping Products

When selling vaping products in Ohio, there are several important regulations you must follow as a retailer.

First, you need to ensure that you’re only selling to customers who are 21 or older. Make sure your store has a clear sign that states it’s illegal to sell to anyone under 21. In some cities, you may be required to ask for ID during transactions.

Flavored vs. Non-Flavored Vaping Products

As of January 2024, local cities like Columbus and Bexley had attempted to ban flavored vaping products. However, the Ohio Senate passed a law that prevents these local bans from being enforced.

This means you can still sell flavored vaping products across the state, despite some cities trying to impose restrictions. This is an important detail for vape shops, as it ensures consistency in product availability.

Do You Need a License to Sell Disposable Vapes in Ohio?

Yes, you do need a license to sell disposable vapes in Ohio. As a retailer, you must obtain a vapor products distributor's license from the Ohio Department of Taxation. This license is required for all businesses that distribute or sell vaping products, including disposable vapes.

The license costs $125 per location and must be renewed annually by January 31st. Additionally, you may need to register with other state agencies depending on your business structure.

Vaping Product Advertisement and Marketing Restrictions

In Ohio, vaping product ads are strictly regulated. They must not target those under 21. Both federal and state laws ban marketing strategies that appeal to minors.

This includes using certain ads, locations, and content that attract youth. The Ohio Department of Health stresses preventing youth exposure to e-cigarette ads.

The Federal Trade Commission (FTC) enforces regulations against deceptive advertising practices.

In April 2024, the FTC released its third report on e-cigarette sales and ads. It stressed the need for companies to back health claims with evidence to avoid misleading consumers.

Also, the U.S. Department of Justice and the FDA announced a federal task force to curb the sale of unauthorized vaping products. This underscores the government's commitment to regulating the vaping industry.

Taxation and Pricing Regulations

 Ohio has a specific excise tax that impacts the pricing of vaping products, including e-liquids.

The state imposes a tax of 10 cents per milliliter (mL) of e-liquid, which is charged under Am. Sub. H. B. 166.

This tax is applied to all vaping liquids, whether flavored or non-flavored. The tax is typically collected from distributors when they first receive untaxed vapor products. However, this cost is usually passed down through the supply chain, ultimately affecting the price that consumers pay when purchasing these products at retail stores.

Tax Rates on Smoke-Free Tobacco Products

Ohio also imposes a 17% tax on smoke-free tobacco products, such as smokeless tobacco. This tax is calculated based on the wholesale price of the products.

Retailers who sell these products must factor this tax into their pricing to ensure compliance and accurately charge customers. This is an important consideration for businesses that sell both vaping products and smokeless tobacco.

The taxes on vapor products, including the 10¢ per mL excise tax and the 17% tax on smoke-free tobacco, significantly impact the pricing structure of these products. Retailers must incorporate these taxes into the final price, which can result in higher costs for consumers.

Taxation of E-liquids and Disposable Vapes

Both e-liquids and disposable vapes are subject to these taxes in Ohio.

As a retailer, you should ensure that you source these products from compliant distributors who have already paid the necessary taxes.

You’ll need to verify tax compliance to avoid any legal issues. Accurate record-keeping is essential to demonstrate that your business is following Ohio’s tax regulations.

Prohibited Use Locations and Settings

In Ohio, vaping products (like e-cigarettes) are banned in many public indoor spaces. This is due to the state's Smoke-Free Workplace Act. It bans smoking in enclosed public areas and workplaces, including restaurants, bars, and offices. This law aims to protect people from secondhand smoke and vapor.

Also, several Ohio colleges and universities have banned vaping on campus. For example, Ohio University has a smoke- and tobacco-free policy. It bans all tobacco products, including e-cigarettes, on its property.

These measures are in place to promote a healthier environment for everyone.

If you're in Ohio, it's important to be aware of these restrictions to avoid fines or other penalties. Always look for "No Smoking" or "No Vaping" signs, and when in doubt, ask if vaping is allowed.

Final Talk

Staying up to date with Ohio’s vaping laws is crucial for anyone involved in the industry. From age restrictions to tax compliance and product regulations. Understanding these requirements ensures that your business remains compliant and responsible. As laws continue to evolve, it’s important to monitor changes and adapt accordingly to avoid penalties and support a safer vaping environment for all.

FAQs

1. What is the legal age to purchase e-cigarettes in Ohio?

The legal age to purchase e-cigarettes in Ohio is 21, in accordance with federal and state laws.

2. Do I need a license to sell e-cigarettes in Ohio?

Yes, retailers must get the right licenses from the Ohio Department of Taxation. They must also follow local regulations to sell e-cigarettes legally.

3. Are flavored vaping products banned in Ohio?

While there is no statewide ban, certain cities, such as Columbus, have enacted bans on flavored vaping products. It's essential to be aware of and follow local ordinances.

4. Is it illegal to use vapor products in public places in Ohio?

Yes, Ohio's Smoke-Free Workplace Act bans vapor products in enclosed public places and workplaces.

5. How much is the excise tax on e-cigarettes in Ohio?

Ohio imposes a 10-cent per milliliter excise tax on e-liquids, applicable to all vaping liquids sold within the state.