U.S. Sales Restrictions on Flavored Tobacco Products

SALES RESTRICTIONS December 2017

U.S. SALES RESTRICTIONS ON FLAVORED TOBACCO PRODUCTS

This chart provides select examples1 of U.S. cities and counties that restrict the sale of flavored tobacco products. The chart captures variations among these flavor restrictions by noting when (1) flavors are prohibited generally or only within certain “buffer” zones, (2) menthol is prohibited, (3) flavors are restricted in e-cigarettes, and (4) exemptions are provided for certain retailers. This chart also provides links to each jurisdiction’s laws and summarizes relevant legal challenges. Beneath this chart is a supplemental list show- ing these select flavored tobacco restrictions organized by type rather than by state.

A state or local government considering whether to adapt any language from the following policies should take care to ensure that the language is appropriate, practical, and legal for its jurisdiction. Please note that the Tobacco Control Legal Consortium does not endorse or recommend any of the following policies. We have included these examples to illustrate how various jurisdictions regulate the sale of flavored tobacco products and related electronic nicotine delivery devices.

This chart is not comprehensive. Feel free to contact the Public Health Law Center for more information about flavored tobacco restrictions where you live.

www.publichealthlawcenter.org December 2017

Jurisdiction / Berkeley, California2

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes — within buffer zone Yes Yes No No “Effective January 1, 2017, “‘Characterizing flavor’ “‘Tobacco product’ means: no person shall sell, give means a distinguishable 1. any substance containing, away, barter, exchange, or taste or aroma, other than made of, or derived from to- otherwise deal in flavored the taste or aroma of tobacco, bacco or nicotine including but tobacco products within that is imparted either prior not limited to cigarettes, cigars, six hundred (600) feet of to or during consumption of cigarillos, pipe tobacco, snuff, any school ….” a tobacco product, including chewing tobacco, dipping tobac- Berkeley, Cal. Code § but not limited to tastes or co, bidis, and shisha; 9.80.035(D) (2017) (em- aromas of menthol ….” 2. any e-liquid; phasis added).3 Berkeley, Cal. Code § 3. any electronic nicotine deliv- 9.80.020(A) (2017) (em- ery system; and phasis added). 4. any tobacco paraphernalia.” “‘Flavored tobacco prod- Berkeley, Cal. Code § 9.80.020(K) uct’ means any tobacco (2017). product containing, made of, or derived from tobacco or nicotine that contains a constituent that imparts a characterizing flavor.” Berkeley, Cal. Code § 9.80.020(F) (2017) (emphasis added).

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Jurisdiction / Contra Costa County, California Flavored sales restriction not enforced until January 1, 2018, although ordinance is effective August 17, 2017.

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes — within buffer zone Yes Yes No No. Note that this “It is a violation of this “It is a violation of this divi- “‘Flavored tobacco product’ ordinance only division for any tobacco sion for any tobacco retailer means any tobacco product, applies to unin- retailer to sell or offer for to sell or offer for sale any other than cigarettes as defined corporated parts sale any flavored tobac- flavored tobacco product or by federal law, that contains a of the county. co product or menthol menthol cigarettes within constituent that imparts a char- cigarettes within 1,000 1,000 feet of any parcel oc- acterizing flavor.” feet of any parcel occu- cupied by a public or private Contra Costa County, Cal., Ordi- pied by a public or private school, playground, park, or nance 2017-01 (July 18, 2017) (to school, playground, park, library.” be codified atContra Costa Coun- or library.” Contra Costa County, Cal., ty, Cal., Code § 445-2.006(g)). Contra Costa County, Ordinance 2017-01 (July “‘Tobacco product’ means … (1) Cal., Ordinance 2017- 18, 2017) (to be codified at [a]ny product containing, made 01 (July 18, 2017) (to Contra Costa County, Cal., from, or derived from tobacco be codified at Contra Code § 445-6.006) (empha- or nicotine that is intended for Costa County, Cal., Code sis added). human consumption, wheth- § 445-6.006) (emphasis er smoked, heated, chewed, added). absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means … (2) [a]ny electronic smoking device . . .” Contra Costa County, Cal., Ordinance 2017-01 (July 18, 2017) (to be codified at Contra Costa County, Cal., Code § 445- 2.006(t)) (emphasis added).

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Jurisdiction / Contra Costa County, California Flavored sales restriction not enforced until January 1, 2018, although ordinance is effective August 17, 2017. continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

“‘Menthol cigarettes’ means cigarettes as defined by federal law, that have a characterizing flavor of menthol, mint or wintergreen ….” Contra Costa County, Cal., Ordi- nance 2017-01 (July 18, 2017) (to be codified atContra Costa Coun- ty, Cal., Code § 445-2.006(j)).

Jurisdiction / El Cerrito, California Note: Existing retailers in good standing have until January 1, 2018, to come into compliance.

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes Yes Yes (note that traditional ciga- No No 4 “No tobacco retailer, “‘Characterizing flavor’ rettes not included ) “No tobacco retailer, nor any of nor any of the retailer’s means a distinguishable “‘Flavored tobacco product’ the retailer’s agents or employ- agents or employees, taste or aroma, other than means any tobacco product ees, shall sell or offer for sale, shall sell or offer for sale, the taste or aroma of tobac- (other than cigarettes as de- or possess with intent to sell or possess with intent to co, imparted by a tobacco fined by the U.S. Food and Drug or offer for sale, any imitation sell or offer for sale, any product or any byproduct Administration) that contains a tobacco products or flavored imitation tobacco prod- produced by the tobacco constituent that imparts a char- tobacco product.” ucts or flavored tobacco product, including … men- acterizing flavor. This includes El Cerrito, Cal., Code § product.” thol, mint, wintergreen, … electronic smoking devices 6.100.160 (2017). El Cerrito, Cal., Code § herb, or spice.” containing nicotine.” 6.100.160 (2017).

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Jurisdiction / El Cerrito, California Note: Existing retailers in good standing have until January 1, 2018, to come into compliance. continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

El Cerrito, Cal., Code § El Cerrito, Cal., Code § 6.100.020 “‘Tobacco retailer’ or ‘retailer’ No 6.100.020 (2017) (emphasis (2017) (emphasis added). means any person that sells added). tobacco, tobacco products, electronic smoking devices, smoking paraphernalia. … This definition is without regard to the quantity of tobacco, tobacco products or smoking paraphernalia sold, offers for sale, exchanged, or offered for exchange.” El Cerrito, Cal., Code § 6.100.020 (2017) (emphasis added).

Jurisdiction / Hayward, California

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes — within buffer zone Yes Yes (note that traditional ciga- Yes No “With the exception of “‘Characterizing Flavor’ rettes not included) Exception for “Tobacco Retail- Tobacco Retailers whose means a distinguishable “‘Tobacco product’ includes, ers whose business included the business included the sale taste or aroma, other than but is not limited to cigarettes, sale of flavored tobacco products of flavored tobacco prod- the taste or aroma of tobac- cigars, little cigars, chewing to- prior to the effective date of [the ucts prior to the effective co, imparted by a tobacco bacco, pipe tobacco, snuff, snus, flavored tobacco regulation].” date of this Article, it shall product or any byproduct or electronic smoking devices Hayward, Cal. Code § 10- be a violation of these produced by the tobacco (with or without nicotine).” 1.2783(c) (2017). regulations for any product, including, but not

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Jurisdiction / Hayward, California continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Tobacco Retailer or any limited to, tastes or aromas Hayward, Cal. Code § 10- of the Tobacco Retailer’s relating to … menthol ….” 1.2782(t) (2017) (emphasis agents or employees to Hayward, Cal. Code § 10- added). sell or offer for sale, or 1.2782(b) (2017) (emphasis “‘Flavored Tobacco Product’ to possess with intent to added). means any tobacco product sell or offer for sale, any “‘Flavored Tobacco Product’ (other than cigarettes as defined flavored tobacco product by federal law) that contains a within a 500 foot radius means any tobacco product (other than cigarettes as constituent that imparts a char- of any private or public acterizing flavor.” kindergarten, elementary, defined by federal law) that middle, junior high, or contains a constituent that Hayward, Cal. Code § 10- high school. The burden imparts a characterizing 1.2782(f) (2017) (emphasis of proof to establish that flavor.” added). sales of flavored tobacco Hayward, Cal. Code § 10- products preceded the 1.2782(f) (2017). effective date of these regulations shall be on the Tobacco Retailer.” Hayward, Cal. Code § 10- 1.2783(c) (2017) (emphasis added).

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Jurisdiction / Los Gatos, California Effective January 1, 2018.

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes Yes Yes Yes “[N]o retailer shall sell a “[N]o retailer shall sell a to- “[N]o retailer shall sell a tobacco [Flavor prohibition] shall not tobacco product contain- bacco product containing, as product containing, as a constit- apply to any retailer that meets ing, as a constituent or a constituent or additive, an uent or additive, an artificial or all of the following criteria: (1) additive, an artificial or artificial or natural flavor or natural flavor or aroma (other Primarily sells tobacco prod- natural flavor or aroma aroma (other than tobacco)” than tobacco)” ucts; (2) Generates more than (other than tobacco) or Los Gatos, Cal., Code § Los Gatos, Cal., Code § sixty (60) percent of its gross an herb or spice, including 18.60.020(c)(8) (2017) 18.60.020(c)(8) (2017) (empha- revenues annually from the sale strawberry, grape, orange, (emphasis added). sis added). of tobacco products; (3) Does clove, cinnamon, pine- not permit any person under apple, vanilla, coconut, “Tobacco product means … : (1) twenty-one (21) years of age to licorice, cocoa, chocolate, Any product subject to Subchap- be present or enter the premis- cherry, or coffee, that is ter IX [21 U.S.C. § 387 et seq. es at any time, unless accompa- a characterizing flavor (“Subchapter IX”) of the Federal nied by the person’s parent or or aroma of the tobacco Food, Drug, and Cosmetic Act … legal guardian … ; (4) Does not product, smoke or vapor Products subject to Subchapter sell alcoholic beverages or food produced by the tobacco IX include … electronic nico- for consumption on the premis- product … rebuttable tine delivery systems (such as; es; and (5) Posts a sign outside presumption that the but not limited to, electronic the retail location that clearly, product is prohibited … if: cigarettes, electronic cigars, sufficiently, and conspicuously (1) The product’s manu- electronic hookahs, vape pens, informs the public that persons facturer or any other per- personal vaporizers, and elec- under twenty-one (21) years of son associated with the tronic pipes). … Products subject age are prohibited from enter- manufacture or sale of to Subchapter IX also include ing the premises. components or parts of tobacco tobacco products makes Los Gatos, Cal., Code § or disseminates public products, such as, but not limited to, liquids that are for use in 18.60.020(c)(8)(c) (2017) statements or claims (emphasis added).

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Jurisdiction / Los Gatos, California Effective January 1, 2018. continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

to the effect that the an electronic nicotine delivery product has or produces system and that contain tobacco a characterizing flavor or or nicotine or are derived from aroma, other than tobac- tobacco or nicotine (“e-liquids”), co; or (2) The product’s vials that contain e- liquids, and label, labeling, or packag- atomizers. ing includes a statement Los Gatos, Cal., Code § or claim including any 18.60.020(b) (2017) (emphasis text and/or images used added). to communicate information that the product has or produces a characterizing flavor or aroma other than tobacco.” Los Gatos, Cal., Code § 18.60.020(c)(8) (2017) (emphasis added).

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Jurisdiction / Manhattan Beach, California

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes No Yes Yes No “No retailer shall sell a “No retailer shall sell a “‘Tobacco product’ means any “The prohibition [on flavored tobacco product, or any tobacco product, or any product containing tobacco tobacco sales] shall not ap- product used in an elec- product used in an electronic leaf, including but not limited to ply to a retailer that permits tronic smoking device, smoking device, containing, cigarettes ….” only patrons twenty-one (21) containing, as a constitu- as a constituent or additive, Manhattan Beach, Cal., Code § years of age or older, or active ent or additive, an arti- an artificial or natural flavor 4.118.020 (2017). duty military personnel who ficial or natural flavor or or an herb or spice (with the are eighteen (18) years of age an herb or spice (with the exception of mint, menthol, “No retailer shall sell a tobacco or older, to enter the location exception of mint, men- spearmint or wintergreen) product, or any product used in where the tobacco product is thol, spearmint or win- … that is a characterizing an electronic smoking device, sold.” tergreen), including but flavor of the tobacco product containing, as a constituent or additive, an artificial or natural Manhattan Beach, Cal., Code § not limited to strawberry, or smoke produced by the 4.118.030(H) (2017) (emphasis grape, orange, clove, tobacco product.” flavor or an herb or spice … that is a characterizing flavor of the added). cinnamon, pineapple, Manhattan Beach, Cal., Code vanilla, coconut, licorice, tobacco product or smoke pro- § 4.118.030(H) (2017) (em- duced by the tobacco product.” cocoa, chocolate, cherry, phasis added). or coffee, that is a char- Manhattan Beach, Cal., Code § acterizing flavor of the 4.118.030(H) (2017) (emphasis tobacco product or smoke added). produced by the tobacco product.” Manhattan Beach, Cal., Code § 4.118.030(H) (2017).

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Jurisdiction / Oakland, California Effective July 18, 2018.

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes Yes Yes Yes No “It shall be a violation “’Characterizing Flavor’ “’Tobacco Product,’ as used in “This section does not apply of this Chapter for any means a distinguishable this Chapter means … b) Any to the sale or offer for sale of tobacco retailer or any taste or aroma, other than Electronic Smoking Device.” Flavored Tobacco Products by of the tobacco retailer’s the taste or aroma of tobac- Oakland, Cal., Code 5.91 (2017) a ‘Tobacco Store.’” “Tobacco agents or employees to co, imparted by a Tobacco Store” is a retail business that sell or offer for sale, or Product or any byproduct primarily sells tobacco prod- to possess with intent to produced by the Tobacco ucts; generates more than 60 sell or offer for sale, any Product, including, but lim- percent of its gross revenues flavored tobacco product. ited to, taste or aromas re- annually from the sale of A tobacco product is pre- lating to any fruit, chocolate, tobacco products and tobacco sumed to be a flavored to- vanilla, honey, candy, cocoa, paraphernalia; does not permit bacco product if a Tobac- dessert, alcoholic beverage, any person under 18 years of co Retailer, Manufacturer, menthol, mint, wintergreen, age to be present or enter the or any employee or agent herb, or spice; provided, premises at any time, unless of a Tobacco Retailer or however that a tobacco accompanied by the person’s Manufacturer has: a) product shall not be deter- parent or legal guardian; and Made a public statement mined to have a Character- does not sell alcoholic beverag- or claim that the tobacco izing Flavor solely because es or food for consumption on product has or produces of the use of additives or the premises. a characterizing flavor, flavorings or the provision of Oakland, Cal., Code 5.91 including, but not limited ingredient information.” (2017) to, text and/or images on Oakland, Cal., Code 5.91 the products’ labeling or (2017) packaging that are used to explicitly or implicitly

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Jurisdiction / Oakland, California Effective July 18, 2018. continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

communicate information about the flavor, taste or aroma of a tobacco product; b) Taken actions directed to consumers that would be reasonably expected to result in consumers believing that the tobacco product imparts a characterizing flavor.” Oakland, Cal., Code 5.91 (2017)

Jurisdiction / Palo Alto, California

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes Yes Yes Yes No “No retailer shall sell a “No retailer shall sell a to- “Tobacco products” include Retailers that primarily sell to- tobacco product contain- bacco product containing, as electronic nicotine delivery bacco products; generate more ing, as a constituent or a constituent or additive, an systems (such as, but not limited than 60 percent of their gross additive, an artificial or artificial or natural flavor or to, electronic cigarettes, elec- revenues annually from the sale natural flavor or aroma aroma (other than tobacco) tronic cigars, electronic hookahs, of tobacco products; do not per- (other than tobacco) or or an herb or spice … that vape pens, personal vaporizers, mit any person under 21 years an herb or spice, including is a characterizing flavor or and electronic pipes), as well as of age to be present or enter the strawberry, grape, orange, aroma of the tobacco prod- components or parts of tobacco premises at any time, unless clove, cinnamon, uct, smoke or vapor products, including liquids accompanies by the person’s

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Jurisdiction / Palo Alto, California continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

pineapple, vanilla, coco- produced by the tobacco that are for use in an electronic parent or legal guardian; do not nut, licorice, cocoa, choc- product.” nicotine delivery system and sell alcoholic beverages or food olate, cherry, or coffee, Palo Alto, Cal., Code 4.64 that contain or are derived from for consumption on the prem- that is a characterizing (2017) tobacco or nicotine. ises; and post a sign outside flavor or aroma of the Palo Alto, Cal., Code 4.64 the retail location that clearly, tobacco product, smoke (2017) sufficiently, and conspicuously or vapor produced by the inform the public that persons tobacco product.” under 21 years of age are prohib- Palo Alto, Cal., Code ited from entering the premises. 4.64 (2017) Palo Alto, Cal., Code 4.64 (2017)

Jurisdiction / San Francisco, California Takes effect April 1, 2018.

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes Yes Yes No No “The sale or distribution “‘Characterizing Flavor’ “‘Tobacco Product’ has the by an Establishment of means a Distinguishable meaning set forth in Health Code any Flavored Tobacco taste or aroma or both, other Section 19H.2.” Product is prohibited.” than the taste or aroma of S.F., Cal., Ordinance 140-17 (July S.F., Cal., Ordinance tobacco …. Characterizing 7, 2017) (to be codified at S.F., 140-17 (July 7, 2017) (to Flavors include, but are not Cal., Health Code § 19Q.2). limited to, tastes or aromas be codified at S.F., Cal., “‘Tobacco Product’ means (1) any Health Code § 19Q.3(a)). relating to any fruit, chocolate, vanilla, honey, candy, product containing, made, or

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Jurisdiction / San Francisco, California Takes effect April 1, 2018. continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

“The sale or distribution cocoa, dessert, alcoholic derived from tobacco or nico- by an Establishment of beverage, menthol, mint, tine that is intended for human any Flavored Cigarette is wintergreen, herb, or spice.” consumption … ; (2) any device prohibited.” S.F., Cal., Ordinance 140-17 or component, part, or accessory S.F., Cal., Ordinance (July 7, 2017) (to be codified that delivers nicotine alone or 140-17 (July 7, 2017) (to at S.F., Cal., Health Code § combined with other substances be codified at S.F., Cal., 19Q.2) (emphasis added). to the person using the device Health Code § 19Q.4(a)). including but not limited to electronic cigarettes, cigars, or pipes ….” S.F., Cal., Health Code § 19H.2 (2017) (emphasis added). “‘Flavored Tobacco Product’ means any Tobacco Product, other than a Cigarette, that contains a Constituent that imparts a Characterizing Flavor.” S.F., Cal., Ordinance 140-17 (July 7, 2017) (to be codified at S.F., Cal., Health Code § 19Q.2) (emphasis added).

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Jurisdiction / San Leandro, California Effective August 15, 2018.

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes Yes (note: Menthol ciga- Yes No No “No tobacco retailer, rettes are not prohibited “‘Flavored tobacco product’ “No tobacco retailer, nor any of nor any of the retailer’s because the ordinance means any tobacco product the retailer’s agents or employ- agents or employees, excludes cigarettes) …. This includes … electronic ees, shall sell or offer for sale, shall sell or offer for sale, “No tobacco retailer, nor cigarettes or electronic smoking or possess with intent to sell or possess with intent to any of the retailer’s agents devices.” or offer for sale, any flavored sell or offer for sale, any or employees, shall sell or San Leandro, Cal., Ordinance tobacco product.” flavored tobacco prod- offer for sale, or possess 2017-017 (Oct. 2, 2017) (to be San Leandro, Cal., Ordinance uct.” with intent to sell or offer for codified at San Leandro, Cal., 2017-017 (Oct. 2, 2017) (to be San Leandro, Cal., Ordi- sale, any flavored tobacco Code § 4.36.100 (2017)) (em- codified at San Leandro, Cal., nance 2017-017 (Oct. 2, product.” phasis added). Code § 4.36.150(l) (2017)) 2017) (to be codified at San Leandro, Cal., Ordinance (emphasis added). San Leandro, Cal., Code 2017-017 (Oct. 2, 2017) (to “Tobacco retailer” means any § 4.36.150(l) (2017)) be codified at San Leandro, person who sells, offers for (emphasis added). Cal., Code § 4.36.150(l) sale, or does or offers to ex- (2017)) (emphasis added). change for any form of consid- “‘Flavored tobacco product’ eration, electronic cigarettes, means any tobacco product electronic cigarette products, (other than cigarettes as electronic cigarette parapher- defined by the U.S. Food and nalia, tobacco products or Drug Administration)” tobacco paraphernalia. … This San Leandro, Cal., Ordinance definition is without regard to 2017-017 (Oct. 2, 2017) (to the quantity … sold, offered for be codified at San Lean- sale, exchanged, or offered for dro, Cal., Code § 4.36.100 exchange.” (2017)) (emphasis added).

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Jurisdiction / San Leandro, California Effective August 15, 2018. continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

San Leandro, Cal., Ordinance 2017-017 (Oct. 2, 2017) (to be codified at San Leandro, Cal., Code § 4.36.100 (2017)) (emphasis added).

Jurisdiction / Santa Clara County, California

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes Yes Yes Yes No. Note that “Flavored tobacco products. “Flavored tobacco products. … “Tobacco product[s] … include, “Paragraph (1) of this subsec- this ordinance (1) Except as permitted Except as permitted in para- but are not limited to, cigarettes, tion (i) shall not apply to any only applies to in paragraph (3) of this graph (3) of this subsection cigarette tobacco, roll-you- retailer that meets all of the unincorporated subsection (i), no retail- (i), no retailer shall sell a own tobacco, … and electronic following criteria: (i) Primarily parts of the coun- er shall sell a tobacco tobacco product containing, nicotine delivery systems (such sells tobacco products; (ii) Gen- ty. However, one product containing, as a as a constituent or addi- as, but not limited to, electronic erates more than 60 percent of town in Santa constituent or additive, an tive, an artificial or natural cigarettes, electronic cigars, its gross revenue annually from Clara County artificial or natural flavor flavor or aroma (other than electronic hookahs, vape pens, the sale of tobacco products; — Los Gatos — or aroma (other than to- tobacco) or an herb or spice personal vaporizers, and elec- (iii) Does not permit any person passed an almost bacco) or an herb or spice, … that is a characterizing tronic pipes).” under 21 … to be present or identical flavored including strawberry, flavor or aroma of the tobac- enter the premises … unless ac- tobacco restric- Santa Clara County, Cal., Ordi- tion in May 2017. grape … that is a charac- co product, smoke or vapor nance 300.903 (Oct. 18, 2016) companied by … parent or legal terizing flavor or aroma produced by the tobacco (codified atSanta Clara County, guardian … ; (iv) Does not sell of the tobacco product, product.” Cal., Code § A18-367(e)) (em- alcoholic beverages or food for smoke or vapor produced Santa Clara County, Cal., phasis added). consumption on the premises; by the tobacco product. Ordinance 300.903 (Oct. and (v) Posts a sign … that …

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Jurisdiction / Santa Clara County, California continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

(2) A tobacco product 18, 2016) (codified at Santa informs the public that persons shall be subject to a Clara County, Cal., Code under 21 … are prohibited from rebuttable presump- § A18-369(i)) (emphasis entering ….” tion that the product is added). Santa Clara County, Cal., Ordi- prohibited by paragraph nance 300.903 (Oct. 18, 2016) (1) … if: (i) the product’s (codified at Santa Clara Coun- manufacturer [or an as- ty, Cal., Code § A18-369(i)(3)) sociated person] . . makes (emphasis added). or disseminates public statements or claims … “Retailer means any person who that the product has or sells, exchanges, or offers to produces a characterizing sell or exchange tobacco prod- flavor or aroma, other ucts for any form of consider- than tobacco; or (ii) [t]he ation.” product’s label, labeling, Santa Clara County, Cal., Ordi- or packaging includes nance 300.903 (Oct. 18, 2016) a statement or claim … (codified at Santa Clara Coun- that the product has or ty, Cal., Code § A18-367(f)) produces a characterizing (emphasis added). flavor or aroma, other than tobacco.” Santa Clara County, Cal., Ordinance 300.903 (Oct. 18, 2016) (codified at Santa Clara County, Cal., Code § A18-369(i)).

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Jurisdiction / Yolo County, California

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes Yes Yes No No. Note that this “[I]t shall be a violation “‘Flavored Tobacco Product’ “‘Tobacco Product’ means: “[I]t shall be a violation of this ordinance only of this Chapter for any means any Tobacco Product (1) any substance containing Chapter for any licensee or applies to unin- licensee or any of the that contains a constituent tobacco leaf, including but not any of the licensee’s agents or corporated parts licensee’s agents or em- that imparts a characterizing limited to cigarettes … (3) any employees to sell, offer for sale, of the county. ployees to sell, offer for flavor to the tobacco product electronic device that delivers or exchange for any form of sale, or exchange for any or smoke produced by the nicotine or other substances consideration: form of consideration: tobacco product, either by to the person inhaling from the (1) Any Flavored Tobacco Prod- (1) Any Flavored Tobacco the addition of artificial or device, including but not limited uct.” Product.” natural flavors or an herb or to an electronic cigarette, cigar, space, including menthol ….” pipe, or hookah;” Yolo County, Cal., Code § Yolo County, Cal., Code § 6-15.10(e) (2017) (emphasis 6-15.10(e) (2017). Yolo County, Cal., Code § Yolo County, Cal., Code § added). 6-15.02(f) (2017) (emphasis 6-15.02(m) (2017) (emphasis added). added).

Jurisdiction / Chicago, Illinois

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes — within buffer zone Yes Yes Yes Yes “No person shall sell, give “‘Flavored tobacco product’ “‘Tobacco product’ means any “No person shall sell, give away, Gas station asso- away, barter, exchange, or means any tobacco product product in leaf, flake, plug, liquid, barter, exchange, or otherwise ciation and Quick otherwise deal in flavored that contains a constituent or any other form, containing deal in flavored tobacco prod- Pick Food Mart tobacco products, sam- that imparts a characterizing nicotine derived from tobacco, ucts, samples of such products, challenged law, ples of such products, flavor …. ‘[C]haracterizing which product is intended to or accessories for such prod- arguing it was or accessories for such flavor’ means a distinguish- enable human consumption of ucts at any location that has a preempted by the products at any location able taste or aroma, other the tobacco or nicotine, whether property line within 500 feet of Family Smoking within 500 feet of the than the taste or aroma of chewed, smoked, absorbed, the property line of any public, Prevention Tobacco

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Jurisdiction / Chicago, Illinois continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

property line of any pub- tobacco, imparted either dissolved, inhaled, snorted, private, or parochial secondary Control Act (FSPT- lic, private, or parochial prior to or during consump- sniffed, or ingested by any other school located in the City of CA). Indeps. Gas & secondary school located tion of a tobacco product, means.” Chicago. This subsection does Serv. Stations Asso- in the City of Chicago.” including, but not limited to, Chicago, Ill., Code § 4-64-091 not apply to retail tobacco ciations, Inc. v. City Chicago, Ill., Code § 4-64- tastes or aromas of menthol, (2017) (emphasis added). stores. For purposes of this sub- of Chicago, 112 F. 180(b) (2017) (emphasis mint, wintergreen, choco- section, ‘retail tobacco store’ Supp. 3d 749, 751 added). late, vanilla, honey, cocoa, has the meaning ascribed to the (N.D. Ill. 2015). But any candy, any dessert, any term in Section 7-32-010.” the FSPTCA deals alcoholic beverage, any fruit, Chicago, Ill., Code § 4-64-180(b) with how tobacco any herb, and any spice ….” (2017) (emphasis added). products are man- Chicago, Ill., Code § 4-64- ufactured, and the “‘Retail tobacco store’ means law only deals with 098 (2017) (emphasis a retail establishment that added). the final product derives more than 80% of its and whether it has gross revenue from the sale of a flavor. Id. at 754. loose tobacco, cigarettes, ciga- The Court found rillos, cigars, pipes, other smok- Smokeless Tobacco ing devices and accessories, persuasive: “Even hookahs and related products, if the ordinance and/or electronic cigarettes and has “some effect related products, and in which on manufactur- the sale of other products is ers’ production merely incidental. ‘Retail to- decisions,” it is bacco store’ does not include a not a command to tobacco department or section implement partic- of a larger commercial estab- ular manufacturing lishment or any establishment standards and, ac- with any type of liquor, food, or cordingly, is exempt restaurant license.” from the FSPTCA’s

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Jurisdiction / Chicago, Illinois continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Chicago, Ill., Code § 7-32-010 preemption clause.” (2017). Indeps. Gas & Serv. Stations Associa- tions, Inc. v. City of Chicago, 112 F. Supp. 3d 749, 754 (N.D. Ill. 2015) (quoting U.S. Smokeless To- bacco Mfg. Co. LLC v. City of N.Y., 708 F.3d 428, 434 (2d Cir. 2013)). In the same case, the law also survived vagueness and vested rights challenges. Id. at 756, 757-58. Although elementary and middle schools were orig- inally part of this restriction, the buffer zone near those sites was lifted in 2016 due to the fi- nancial concerns of business owners.

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Jurisdiction / Boston, Massachusetts

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes No Yes Yes No “No retailer, retail estab- “Characterizing Flavor — A “Nicotine delivery products “No retailer, retail establish- lishment, or other indi- distinguishable taste or aro- include … e-cigarettes ….” ment, or other individual or vidual or entity shall sell ma, other than the taste or Boston Public Health Commis- entity shall sell or distribute or or distribute or cause to aroma of tobacco, menthol, sion, Youth Access Regulation § cause to be sold or distributed be sold or distributed or mint or wintergreen ….” II(14) (2016) (emphasis added). or offer for sale any flavored offer for sale any flavored tobacco product to a consumer. Boston Public Health “Tobacco Product – A cigarette, tobacco product to a Commission, Youth Access This provision shall not apply consumer. This provision cigar, chewing tobacco, pipe to- to a retail tobacco store or Regulation § II(4) (2016) bacco, bidi, snuff, other tobacco shall not apply to a retail (emphasis added). smoking bar as defined by this tobacco store or smoking or nicotine delivery product in regulation.” “Flavored Tobacco Product any form.” bar as defined by this Boston Public Health Commis- regulation.” — Any tobacco product or Id. § II(20) (emphasis added). any component part thereof sion, Youth Access Regulation Boston Public Health that contains a constituent “Flavored Tobacco Product – Any § III(E)(1) (2016) (emphasis Commission, Youth Ac- that imparts a characterizing tobacco product or any compo- added). cess Regulation § III(E)(1) flavor.” nent part thereof that contains (2016). a constituent that imparts a Boston Public Health characterizing flavor.” Commission, Youth Access Regulation § II(13) (2016) Id. § II(13) (emphasis added). (emphasis added).

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Jurisdiction / Cambridge, Massachusetts

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes No Yes Yes No “No retailer, or other indi- “Characterizing Flavor. A “Nicotine Delivery Product. Any “No retailer, or other individual vidual or entity shall sell distinguishable taste or aro- manufactured article or product or entity shall sell or distribute or distribute or cause to ma, other than the taste or made wholly or in part of a to- or cause to be sold or distribut- be sold or distributed or aroma of tobacco, menthol, bacco substitute or otherwise con- ed or offer for sale any flavored offer for sale any flavored mint or wintergreen, impart- taining nicotine that is expected or tobacco to a consumer. This tobacco to a consumer. ed either prior to or during intended for human consumption provision shall not apply to a This provision shall not consumption of a tobacco …. Nicotine delivery products retail tobacco store.” apply to a retail tobacco product ….” include, but are not limited to, Cambridge, Mass., Code § store.” Cambridge, Mass., Code § e-cigarettes.” 8.28.030(K) (2017) (emphasis Cambridge, Mass., Code 8.28.020 (2017) (emphasis Cambridge, Mass., Code§ 8.28.020 added). § 8.28.030(K) (2017) added). (2017) (emphasis added). (emphasis added). “Tobacco Product. Cigarettes, cigars, chewing tobacco, pipe tobacco, nicotine delivery product, snuff or tobacco in any of its forms.” Id. (emphasis added). “Flavored Tobacco Product. Any tobacco product or component part thereof that contains a constituent that imparts a characterizing flavor.” Id. (emphasis added).

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Jurisdiction / Minneapolis, Minnesota Menthol ban will be enforced Aug. 1, 2018

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes Yes Yes Yes No “No person shall sell, “Flavored tobacco product “Tobacco products means tobacco, “No person shall sell, offer for offer for sale, give away, means any tobacco product tobacco related devices, electronic sale, give away, barter, ex- barter, exchange, or that contains a taste or aro- delivery devices, or nicotine or change, or otherwise deal in otherwise deal in flavored ma, other than the taste or lobelia delivery products as those flavored tobacco products or tobacco products or sam- aroma of tobacco … includ- terms are defined in this section.” samples of such products. This ples of such products.” ing, but not limited to, tastes Minneapolis, Minn., Ordinance 17- subsection does not apply to Minneapolis, Minn., Ordi- or aromas of menthol, mint, 00749 (passed Aug. 4, 2017) (to tobacco products shops or to a nance 17-00749 (passed wintergreen ….” be codified at Minneapolis, Minn., licensed tobacco dealer [under Aug. 4, 2017) (to be codi- Minneapolis, Minn., Ordi- Code § 281.15) (emphasis added). certain conditions]. This subsection does not apply to licensed fied atMinneapolis, Minn., nance 17-00749 (passed “Electronic delivery device Code § 281.45(f)). Aug. 4, 2017) (to be codified off sale liquor stores with regard includes, but is not limited to … to menthol, mint or wintergreen at Minneapolis, Minn., Code § e-cigarettes ….” 281.15) (emphasis added). flavored tobacco products Minneapolis, Minn., Ordinance 17- provided that such an estab- 00749 (passed Aug. 4, 2017) (to lishment does not permit any be codified at Minneapolis, Minn., persons under the age of twen- Code § 281.15) (emphasis added). ty-one (21) to be present within “Tobacco means cigarettes and any the establishment unaccompa- product containing, made, or de- nied by a parent or guardian.” rived from tobacco that is intend- Minneapolis, Minn., Ordinance ed for human consumption ….” 17-00749 (passed Aug. 4, 2017) Minneapolis, Minn., Ordinance (to be codified at Minneapolis, 17-00749 (passed Aug. 4, 2017) Minn., Code § 281.45(f)). (to be codified at Minneapolis, Minn., Code § 281.15).

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Jurisdiction / Shoreview, Minnesota

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes No Yes Yes No “No person shall sell, of- “Flavored Product. Any tobac- “Flavored Product. Any tobacco “No person shall sell, offer for fer for sale, or otherwise co product, tobacco-related product, tobacco-related device, sale, or otherwise distribute any distribute any flavored device, electronic delivery electronic delivery device, or flavored products. This restric- products.” device, or nicotine or lobelia nicotine or lobelia delivery prod- tion does not apply to retail Shoreview, Minn., Ordi- delivery product that con- uct ….” establishments that: nance 946 (Nov. 21, 2016) tains a taste or smell, other Shoreview, Minn., Ordinance (1) Prohibit minors from enter- (codified at Shoreview, than the taste or smell of 946 (Nov. 21, 2016) (codified ing at all times; and tobacco, menthol, mint, or Minn., Code § 706.065). at Shoreview, Minn., Code § (2) Derive at least ninety (90) wintergreen, that is distin- 706.020(C)) (emphasis added). guishable by an ordinary percent of their revenues from consumer either prior to or “Tobacco or Tobacco Products. the sale of tobacco, tobac- during the consumption of Tobacco or tobacco products co-related devices, electronic the tobacco product, elec- includes cigarettes ….” delivery devices, or nicotine or tronic delivery device, or Shoreview, Minn., Ordinance lobelia delivery products.” nicotine or lobelia delivery 946 (Nov. 21, 2016) (codified Shoreview, Minn., Ordinance device including, but not at Shoreview, Minn., Code § 946 (Nov. 21, 2016) (codified limited to, any taste or smell 706.020(M)). at Shoreview, Minn., Code § relating to chocolate, cocoa, 706.065) (emphasis added). vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice.” Shoreview, Minn., Ordinance 946 (Nov. 21, 2016) (codified at Shoreview, Minn., Code § 706.020(C)) (emphasis added).

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Jurisdiction / St. Paul, Minnesota

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes No Yes Yes No “No person shall sell, of- “Flavored product means any “Electronic delivery device means “This restriction shall not apply fer for sale, or otherwise tobacco product, tobac- any product containing or deliv- to retail stores that derive at distribute any flavored co-related device, electronic ering nicotine, lobelia, or any oth- least ninety (90) percent of products.” delivery device, or nicotine or er substance intended for human their revenue from the sale St. Paul, Minn., Code § lobelia delivery product that consumption that can be used of tobacco products, tobac- 324.07(f) (2017). contains a taste or smell, by a person to simulate smoking co-related devices, electronic other than the taste or smell in the delivery of nicotine or any delivery devices, or nicotine or of tobacco, menthol, mint, or other substance through inha- lobelia delivery products and wintergreen ….” lation of vapor from the product.” where the retailer ensures that St. Paul, Minn., Code § St. Paul, Minn., Code § 324.03(2) no person under eighteen (18) 324.03(3) (2017) (emphasis (2017) (emphasis added). years of age is permitted to enter, at any time.” added). “Tobacco or tobacco product means any product containing, made, or St. Paul, Minn., Code § 324.07(f) derived from tobacco … including, (2017) (emphasis added). but not limited to cigarettes ….” St. Paul, Minn., Code § 324.03(7) (2017). “Flavored product means any tobacco product, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product that contains a taste or smell, other than the taste or smell of tobacco, menthol, mint, or wintergreen ….” St. Paul, Minn., Code § 324.03(3) (2017) (emphasis added).

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Jurisdiction / New York City, New York

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes No No (note that traditional ciga- Yes Yes “It shall be unlawful for “‘Characterizing flavor’ rettes not included) “It shall be unlawful for any per- Manufacturers any person to sell or offer means a distinguishable “‘Tobacco product’ means any son to sell or offer for sale, or to and distributors for sale, or to possess taste or aroma, other than product which contains tobac- possess with intent to sell or of- alleged that the with intent to sell or offer the taste or aroma of tobacco that is intended for human fer for sale, any flavored tobacco Family Smoking for sale, any flavored co, menthol, mint or winter- consumption, including any product except in a tobacco bar.” Prevention To- tobacco product except in green, imparted either prior component, part, or accessory of N.Y.C., N.Y., Admin. Code § 17- bacco Control a tobacco bar.” to or during consumption of such product. Tobacco product 715(a) (2017) (emphasis added). Act (FSPTCA) a tobacco product or compo- shall include, but not be limited preempted NYC’s N.Y.C., N.Y., Admin. Code § “Only the following entities may 17-715(a) (2017). nent part thereof ….” to, any cigar, little cigar, chewing flavor restrictions. tobacco, pipe tobacco, roll-your- sell or offer for sale flavored U.S. Smokeless N.Y.C., N.Y., Admin. Code § tobacco products: 17-713(b) (2017) (emphasis own tobacco, snus, bidi, snuff, Tobacco Mfg. Co. added). tobacco-containing shisha, or (1) Tobacco bars; and LLC v. City of N.Y., dissolvable tobacco product. To- (2) Tobacco wholesalers, but 708 F.3d 428, 430 “‘Flavored tobacco prod- bacco product shall not include (2d Cir. 2013). The uct’ means any tobacco only where the sale or offer of cigarettes ….” sale is made to a tobacco bar or court held that it product or any component didn’t. Id. at 436 part thereof that contains a N.Y.C., N.Y., Admin. Code § 17- to an entity located outside the 713(j) (2017) (emphasis added). City of New York.” (“[W]e conclude constituent that imparts a that Administra- N.Y.C., N.Y., R. § 28-02(a) characterizing flavor.” tive Code § 17–715 (2017) (emphasis added). N.Y.C., N.Y., Admin. Code § is a regulation 17-713(e) (2017). of sale and not a “Tobacco products that veiled attempt to impart a distinguishable taste regulate the manu- or aroma of menthol, mint, facture of tobacco wintergreen or tobacco, and products.”) This is do not also impart a charac- because the FSPT- terizing flavor, are not subject CA deals with

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Jurisdiction / New York City, New York continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

to the restriction on sale set product manu- forth in § 17-715 of the Admin- facturing stan- istrative Code or these rules.” dards — the flavor N.Y.C., N.Y., R. § 28-02(b) restrictions only (2017) (emphasis added). focus on whether the final product has flavoring (not how the flavor got there). Id. at 434.

Jurisdiction / Central Falls, Rhode Island5

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes No Yes (note that traditional ciga- Yes No “No licensee, or employee “Characterizing flavor means rettes not included) “This subsection (e) shall not ap- or agent of such licensee, a distinguishable taste or “Tobacco product means: … (2) ply to a smoking bar as defined shall sell any flavored aroma, other than the taste any electronic device that deliv- in Section 23-20.10-2(15) of the tobacco product to a or aroma of tobacco, men- ers nicotine or other substances Rhode Island General Laws[.]” consumer.” thol, mint, or wintergreen ….” to the person inhaling from the Central Falls, R.I., Code § 12- Central Falls, R.I., Code § Central Falls, R.I., Code § 12- device, including, but not limited 421(e) (2017) (emphasis added). 12-421(e) (2017) (empha- 417 (2017) (emphasis added). to, an electronic cigarette, cigar, sis added). pipe, or hookah.” Central Falls, R.I., Code § 12- 417 (2017) (emphasis added). “Flavored tobacco product means any tobacco product, other than a cigarette, that contains a

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Jurisdiction / Central Falls, Rhode Island continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

constituent that imparts a characterizing flavor.” Central Falls, R.I., Code § 12- 417 (2017) (emphasis added).

Jurisdiction / Providence, Rhode Island

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Yes No Yes (note that traditional ciga- Yes Yes “It shall be unlawful for “Characterizing flavor means rettes not included) “It shall be unlawful for any In regards to any person to sell or a distinguishable taste or “Tobacco product means any person to sell or offer for sale flavoring, the or- offer for sale any flavored aroma, other than the taste product containing tobacco any flavored tobacco product to dinance survived tobacco product to a or aroma of tobacco, men- or nicotine, including, but not a consumer, except in a smok- First Amendment consumer, except in a thol, mint or wintergreen, limited to, cigars, pipe tobacco, ing bar.” and preemption smoking bar.” imparted either prior to or snuff, chewing tobacco, dipping Providence, R.I., Code § 14-309 challenges. Providence, R.I., Code § 14- during consumption of a tobacco, bidis, snus, dissolvable (2016) (emphasis added). See Nat’l Ass’n of 309 (2016). tobacco product ….” tobacco products, and electronic Tobacco Outlets, Providence, R.I., Code § cigarette cartridges; provided, Inc. v. City of 14-308 (2016) (emphasis however, that such term shall not Providence, No. CA added). include: (1) Cigarettes, including 12-96-ML, 2012 those cigarettes subject to the “Flavored tobacco product WL 6128707, at special rule for cigarettes relating *13 (D.R.I. 2012), means any tobacco prod- to characterizing flavors of the uct or any component part aff’d. Nat’l Ass’n of Federal Family Smoking and Tobacco Outlets, thereof that contains a Tobacco Prevention Act ….” constituent that imparts a Inc. v. City of Provi- characterizing flavor.” Providence, R.I., Code § 14-308 dence, R.I., 731 F.3d (2016) (emphasis added). 71 (1st Cir. 2013).

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Jurisdiction / Providence, Rhode Island continued

Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law

Providence, R.I., Code § 14-308 (2016) (emphasis added).

Addendum: Flavored Tobacco Restrictions by Type

This categorized list organizes the cities and counties mentioned in the chart above by restriction type rather than by state. Please note that this list is not intended to be comprehensive and that other types of flavored tobacco policies exist outside of those mentioned here.

Comprehensive (jurisdiction-wide ban, menthol prohibited, e-cigarettes included, no retailer exemption)

{{ El Cerrito, CA (traditional cigarettes excluded)

{{ Oakland, CA

{{ Palo Alto, CA (exempts tobacco flavor)

{{ San Francisco, CA

{{ Yolo County, CA (only in unincorporated parts of the county)

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Comprehensive with retailer exemption (jurisdiction-wide ban, menthol prohibited, e-cigarettes included, certain retailers exempt)

{{ Santa Clara County, CA (applies only to {{ Minneapolis, MN unincorporated parts of the county, but see also Los Gatos, CA, noted in the Santa Clara County chart)

Buffer zone restriction (flavor sales prohibited around buffer zone, menthol prohibited, e-cigarettes included)

{{ Berkeley, CA (no exemption for retailers) {{ Hayward, CA (traditional cigarettes excluded, exemption for certain retailers) {{ Contra Costa County, CA (only in unincorporated

parts of the county, no exemption for retailers) {{ Chicago, IL (exemption for certain retailers)

Flavor restriction excluding menthol, with retailer exemption (jurisdiction-wide ban, menthol allowed, e-cigarettes included, exemption for retailers)

{{ Manhattan Beach, CA {{ St. Paul, MN

{{ Boston, MA {{ Central Falls, RI (traditional cigarettes excluded)

{{ Cambridge, MA {{ Providence, RI (traditional cigarettes excluded)

{{ Shoreview, MN

Other

{{ New York City (city-wide ban, menthol allowed, e-cigarettes and traditional cigarettes not included, certain retailers exempt)

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This publication was prepared by the Tobacco Control Legal Consortium, a program of the Public Health Law Center at Mitchell Hamline School of Law, St. Paul, Minnesota. The Consortium provides information and technical assistance on law and policy issues related to public health. The Consortium does not provide legal advices and does not enter into attorney-client relationship. This document should not be considered legal advice. The Tobacco Control Legal Consortium thanks legal research assistant Arielle Sloan and Marcus Jardine for their work on this publication. This publication was supported in part by Cooperative Agreement Number 5 NU58DP006263-02-00, funded by the Centers for Disease Control and Prevention. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the Centers for Disease Control and Prevention or the Department of Health and Human Services.

Endnotes

1 Due to the large number of jurisdictions in which flavored tobacco products are prohibited, this chart does not include every city or county with flavored tobacco restrictions, even in the states listed. For example, South Miami, Florida, has an interesting flavored tobacco sales law outside of a licensing section, South Miami, Fla., Code § 12-16 (2017), and almost 100 municipalities in Massachusetts also have sales restrictions on flavored cigarettes. See Local Policies Restricting Flavored “Other Tobacco Products” (Otp) To Adult-On- ly Retailers, Municipal Tobacco Control Technical Assistance Program, Mass. Municipal Assoc., https://static1.squarespace.com/ static/528681f8e4b021ccf6d3c997/t/5903c670cd0f68a2400c03ab/1493419633486/muni+list+Flavored+OTP+Restriction+.pdf (last updated April 21, 2017). These jurisdictions have policies that may differ from those listed in this chart. For more information about jurisdictions in your state in which flavored tobacco sales are restricted, feel free to contact the Public Health Law Center.

2 Not all jurisdictions with flavored tobacco ordinances in highlighted states are covered here. For example, Novato, California, also has a limited flavored tobacco ordinance. Novato, Cal., Code § 7-8.3(h) (2017). It should also be noted that some cities and counties, like Oakland, California, are in the process of adopting a flavored tobacco restriction. Oakland’s proposed ordinance will appear again on the city agenda in September 2017. For more information on Oakland’s ordinance, visit the city’s website at https://oakland.legistar.com/ LegislationDetail.aspx?ID=3033408&GUID=E5EE4059-550A-4ABB-899D-56548D300D18. For more information about upcoming ordinances in your area, please contact the Public Health Law Center.

3 The years listed in citations in this document reference when the online codes in hyperlinks were last updated, not when the laws were first passed.

4 Flavored (traditional) cigarettes are prohibited under federal law. For more information, visit Flavored Tobacco, Food & Drug Admin. (2017), https://www.fda.gov/tobaccoproducts/labeling/productsingredientscomponents/ucm2019416.htm.

5 Tobacco-Free Rhode Island maintains a list of tobacco restrictions in the state. For more information, visit http://tobaccofree-ri.org/ local-ordinances.htm.

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