The Ohio Supreme Court Agrees to Hear Tobacco Group Appeal

The Ohio Supreme Court on Wednesday agreed to hear the appeal of an anti-tobacco group that is trying to block the state’s diversion of $258 million for purposes other than smoking cessation and prevention. Justices unanimously accepted, without comment, a request from the American Legacy Foundation to review a December 2009 ruling from the 10th District Court of Appeals. The Academy of Medicine of Cleveland & Northern Ohio (AMCNO), along with other organizations, has filed a friend of the court brief in support of the American Legacy Foundation 

This action came in response to the New Year's Eve decision of the Ohio Court of Appeals of Franklin County, Tenth Appellate District. In that ruling, the appeals court reversed a lower court's order permanently enjoining the State from dissolving the Tobacco Use Prevention and Control Endowment Fund. The 1998 MSA provided more than $200 billion to be paid to the states over 26 years in recognition of the lives and money lost to tobacco. To ensure that a substantial portion of its recovery was spent specifically on tobacco control, Ohio established OTPF and created an endowment for it. 

The appellate panel upheld a decision of Governor Strickland and the General Assembly to redirect money received from a settlement between states and national tobacco product manufacturers. Originally set aside to prevent smoking and to help consumers kick the habit, the state wanted to use the money instead for Medicaid and other health care programs. Justices are expected to schedule the matter for oral arguments later this year.