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Safety Committee advances trigger ordinance to restrict non‑FDA‑approved cartridge-based ENDS products
Summary
The Safety Committee voted 5–0 to forward Ordinance 25‑06, a trigger ordinance modeled on other Ohio cities that would ban marketing and sale of cartridge-based electronic nicotine delivery systems (ENDS) and related products that lack FDA premarket authorization if a court or the state grants authority to localities.
The Newark City Council Safety Committee on Feb. 18 forwarded Ordinance 25‑06 to full council by a unanimous 5–0 vote. The ordinance would amend Part 8, Title 2 (Business Regulations) of the codified ordinances to prohibit marketing and sale of cartridge-based electronic nicotine delivery systems (ENDS) and other ENDS products that have not obtained FDA premarket authorization. The measure includes a trigger provision: it would only be enforceable if a court of competent jurisdiction upholds local authority or the Ohio General Assembly changes state law.
Committee members and staff said the ordinance copies an approach used by other jurisdictions, including Heath, Columbus and Reynoldsburg, that sought to stop retail sale of non‑FDA‑authorized cartridges. Those jurisdictions faced legal challenges; the Franklin County Common Pleas Court issued a declaratory judgment that a state provision limiting local tobacco regulation conflicted with home-rule authority; that ruling is under appeal in the 10th District Court of Appeals. The committee’s draft ordinance mirrors the model used elsewhere and would become active only if a court decision or legislative change permits enforcement.
The law director and staff told the committee the Health Department would enforce the ordinance if it becomes active; staff noted the Health Department already enforces similar rules in other municipalities. Committee members asked about the local presence of businesses selling non‑FDA products, including vape stores and convenience stores, and whether the ordinance would affect retailers that already sell FDA‑approved products. Staff said typical convenience stores that sell only FDA‑approved products would not be affected; the measure targets retail sellers of non‑FDA‑approved cartridge products and related items (the ordinance’s definitions include e-liquids and cartridge products). Committee members raised public-health and youth-marketing concerns and asked staff to consult the Health Department for product lists or enforcement guidance.
The committee voted 5–0 to send the ordinance to full council for consideration. Staff and council members said they have discussed the topic with state legislators and other local officials but emphasized enforcement depends on pending litigation or legislative action.
