State ex rel. Yost v. Elevate Smoke, L.L.C.

Citations

• 2025 Ohio 5652

Syllabus

MOTION TO DISMISS — SUMMARY JUDGMENT — HARMLESS ERROR — EXPRESS PREEMPTION — IMPLIED PREEMPTION: The trial court's erroneous use of the standard for motions to dismiss under Civ.R. 12(B)(6) when reviewing a motion for summary judgment under Civ.R. 56 was harmless where the only issue before the trial court was the preemptive effect of federal law, a purely legal question. Federal law regulating labels and market authorization for e-cigarettes implicitly preempted claims under Ohio's consumer protection law against defendant-retailer of e-cigarettes because those claims exist solely by virtue of the federal law requiring premarket review of e-cigarettes and those claims conflict with the federal law's labeling requirements for e-cigarettes.