Personal View: Cleveland can seize this moment to reduce the smoking rate Dr. David Margolius

Last month, a Franklin County judge pressed pause on a Big Tobacco-supported effort to prevent local cities from regulating the sale of tobacco products. Now Columbus can continue to prohibit the sale of flavored tobacco and vape products, through a law that went into effect in January.

By joining Columbus, Cincinnati, and 11 other cities in the lawsuit against the state to fight for home rule, Cleveland also has opened a window to follow Columbus and over 375 localities across the country to stop the sale of flavored tobacco and vape products in our community. With a smoking rate of 35% of adults, one of the highest rates in the nation, we must seize this opportunity.

In June of last year, Ohio GOP lawmakers inserted a provision into the state budget bill that would outlaw cities from regulating tobacco. The following week, Gov. Mike DeWine line-item vetoed that provision, writing in his veto statement , “A local government that bans flavored tobacco products, that are often marketed specifically to appeal to youth, may be doing so to discourage youth tobacco use. Nearly 81% of youth ages 12 to 17 who had ever used a tobacco product reported that the first product they used was flavored.”

Six months later, both the House and the Senate voted to override the governor’s veto. Following this action, one legislator remarked , “In this holiday spirit, I cannot think of a better holiday gift than delivering this vote to the hardworking Ohioans who need us to keep this place open for business.”

The representative’s sentiment aligns with the opposition voiced here following the introduction of legislation by Cleveland City Council, by request of the Cleveland Department of Public Health, aimed at prohibiting the sale of flavored tobacco and vape products. Tobacco retailers argued , “The ban will send sales to other retailers outside the city limits, or worse, to the illicit market.” They organized and sent e-mails, made phone calls, and set up meetings with City Council members pleading their case that the proposed legislation would affect their revenue.

Reality paints a different picture .

Restricting the sale of flavored tobacco and vapes does not hurt the economy. Convenience stores pivot to selling other items. More importantly, smoking-related illnesses decline and health care costs plummet. Smoking-related illness costs the U.S. more than $240 billion in health care costs and more than $372 billion in lost work from smoking-related disability. Research shows that 24% of people who smoke menthol cigarettes quit after the implementation of the ban. Our economy and the health of our residents will improve if we implement this policy in Cleveland.

Most people who smoke want to quit. It is just so difficult when tobacco retailers are located all over the city, within two city blocks of most of our schools. Menthol cigarettes are even harder to quit because the flavor’s cooling sensation masks the harshness of cigarette smoke and people who smoke these products breathe them deeper and develop more cravings for nicotine than those who smoke regular cigarettes. While flavored products like menthol are marketed as less harmful than regular cigarettes, they are worse.

In the court’s order for a Temporary Restraining Order on the state’s attempt to preempt local tobacco regulation, the judge wrote, “It is in the public interest to have the government take actions to protect the health and welfare of its citizens, which is the purpose of the municipal ordinances in this case.”

We agree.

More than 50 partners, including hospitals, clinics, social services agencies, and health advocacy groups, have signed on to the Campaign to End Tobacco Targeting in Cleveland . These partners, along with the Cleveland Department of Public Health, are ready to help more of our residents live their healthiest lives through smoking cessation.

Tobacco is the number one preventable cause of death, disease, and disability in Cleveland. The time to pass local tobacco regulation is now.

Margolius is the director of public health for the city of Cleveland.