SALES RESTRICTIONS April 2020
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,2 and (4) exemptions are provided for certain retailers. The chart also provides links to each jurisdiction’s laws and summarizes relevant legal challenges. Beneath the chart is a supplemental list showing 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 Public Health Law Center 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 April 2020
CALIFORNIA 3 COLORADO 25 NEW JERSEY 48
Berkeley 3 Boulder 25 Jersey City 48 Burbank 4 ILLINOIS 26 NEW YORK 49 Contra Costa County 5 Chicago 26 New York 49 Cupertino 6 Yonkers 51 Delano 7 MASSACHUSETTS 28 Hayward 8 Boston 30 PENNSYLVANIA 52 Laguna Niguel 9 Brookline 31 Philadelphia 52 Livermore 10 Cambridge 32 RHODE ISLAND 53 Long Beach 11 Framingham 33 Providence 53 Marin County 12 Lowell 34 Woonsocket 54 Oakland 13 Lynn 35 Palo Alto 15 Malden 36 ADDENDUM: FLAVORED TOBACCO RESTRICTIONS BY TYPE 55 Sacramento 16 Medford 37 San Francisco 17 Melrose 38 Comprehensive 55 San Leandro 18 Newton 39 Comprehensive with retailer exemption 55 Santa Clara County 19 Peabody 40 Buffer zone restriction 56 Santa Cruz 20 Worcester 42 Flavor restriction excluding menthol, with retailer exemption 56 Santa Maria 21 MINNESOTA 43 Flavor restriction excluding menthol, South San Francisco 22 Duluth 43 with no retailer exemption 56 Watsonville 23 Minneapolis 44 Other 56 Yolo County 24 St. Louis Park 45 ENDNOTES 57 Saint Paul 46
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 2 April 2020
Jurisdiction / California / Berkeley3 / effective June 11, 2019
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “It shall be a violation of a “Characterizing flavor” “‘Tobacco product’ means: tobacco retailer’s license includes “menthol, mint, 1. any substance containing, for a licensee or his or wintergreen.” made of, or derived from her agent or employee to Berkeley, Cal. Code § 9.80.20 tobacco or nicotine including sell or offer for sale, or (2019). but not limited to cigarettes, to possess with intent to cigars, cigarillos, pipe sell or offer for sale, any tobacco, snuff, chewing flavored tobacco product.” tobacco, dipping tobacco, Berkeley, Cal. Code § bidis, and shisha; 2. any 9.80.031 (2019). e-liquid; 3. any electronic nicotine delivery system; and 4. any tobacco paraphernalia.” Berkeley, Cal. Code § 9.80.020(K) (2019).
www.publichealthlawcenter.org California U.S. Sales Restrictions on Flavored Tobacco Products 3 April 2020
Jurisdiction / California / Burbank
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “It shall be a violation of A “flavored tobacco product” “Tobacco product” includes “Tobacco bar, whose sales of this Article for any Tobacco contains a “characterizing “any electronic smoking flavored tobacco products are Retailer … any agents or flavor.” device that delivers nicotine limited to on-site use only by employees to sell, offer for or other substances … customers at least 21 years Burbank Municipal Code sec. sale, or to possess with including, but not limited of age, and except for hookah 3-4-2502 (E). intent to sell … any flavored to, an electronic cigarette, tobacco in a form that may tobacco product.” “Characterizing flavor” electronic cigar, electronic only be used in a non-electric includes “taste or aroma, pipe or electric hookah.” hookah pipe or water pipe.” Burbank Municipal Code other than the taste or aroma sec. 3-4-2508 (A). Burbank Municipal Code sec. Burbank Municipal Code sec. of tobacco..including, but not 3-4-2502 (K)(2). 3-4-2508 (A). limited to, tastes or aroma relating to menthol, mint, wintergreen,” etc. Burbank Municipal Code sec. 3-4-2502(B).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 4 April 2020
Jurisdiction / California / Contra Costa County
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes — within buffer zone Yes Yes No No “It is a violation of this “It is a violation of this division “‘Tobacco product’ means … Note this division for any tobacco for any tobacco retailer to sell (1) [a]ny product containing, ordinance retailer to sell or offer for or offer for sale any flavored made from, or derived only applies to sale any flavored tobacco tobacco product or menthol from tobacco or nicotine unincorporated product or menthol cigarettes within 1,000 feet of that is intended for human parts of the cigarettes within 1,000 any parcel occupied by a public consumption, whether smoked, county. feet of any parcel occupied or private school, playground, heated, chewed, absorbed, by a public or private park, or library.” dissolved, inhaled, snorted, school, playground, park, Contra Costa County, Cal., sniffed, or ingested by any or library.” Code § 445-6.006 (2019) other means … (2) [a]ny Contra Costa County, (emphasis added). electronic smoking device … ” Cal., Code § 445-6.006 “‘Flavored tobacco product’ Contra Costa County, Cal., (2019) (emphasis added). means any tobacco product, Code § 445-2.006(t) (2019) other than cigarettes as defined (emphasis added). by federal law, that contains a constituent that imparts a characterizing flavor.” Contra Costa County, Cal., Code § 445-2.006(g) (2019). “‘Menthol cigarettes’ means cigarettes as defined by federal law, that have a characterizing flavor of menthol, mint or wintergreen … ” Contra Costa County, Cal., Code § 445-2.006(j) (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 5 April 2020
Jurisdiction / California / Cupertino
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “No retailer shall sell a It is “an artificial or natural A “tobacco product” is tobacco product containing, flavor or aroma (other than defined as “any product as a constituent or additive, tobacco)” as a characterizing subject to: 21 U.S.C. sec. 387 an artificial or natural flavor. et seq. (‘Subchapter IX’) of flavor or aroma (other than the Federal Food, Drug, and Cupertino, Cal. Code § tobacco) or an herb or spice Cosmetic Act … products 505.50.030(h) (2019). … that is a characterizing subject to Subchapter IX flavor or aroma of the At beginning of ordinance include, but are not limited tobacco product, smoke Finding # 12 states, “the to … electronic nicotine or vapor produced by the ordinance would … (2) delivery systems (such as, tobacco product.” prohibit the sale of flavored but not limited to, electronic tobacco products, including cigarettes, electronic cigars, Cupertino, Cal. Code § menthol cigarettes.” electronic hookahs, vape 505.50.030(h) (2019). pens, personal vaporizers and electronic pipes.” Cupertino, Cal. Code § 5.50.020 (f)(1) (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 6 April 2020
Jurisdiction / California / Delano
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “It shall be a violation of a “Characterizing flavor” “Flavored tobacco product” tobacco retailer’s permit includes “menthol, mint, includes “Any e-liquid” and for a tobacco retailer or his wintergreen” “Any electronic smoking or her agent or employee device” Delano, Cal. Code § to sell or offer for sale, or 6.64.020 (2019). Delano, Cal. Code § to possess with intent to 6.64.020 (2019). sell or offer for sale, any flavored tobacco product” Delano, Cal. Code § 6.64.030 (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 7 April 2020
Jurisdiction / California / Hayward
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes — within buffer zone Yes (note: menthol cigarettes Yes (note that conventional Yes No are not prohibited because cigarettes not included) “With the exception of Exception for “Tobacco the ordinance excludes Tobacco Retailers whose “‘Tobacco product’ Retailers whose business cigarettes.) business included the sale includes, but is not limited included the sale of flavored of flavored tobacco products “‘Characterizing Flavor’ means to cigarettes, cigars, little tobacco products prior to the prior to the effective date a distinguishable taste or cigars, chewing tobacco, effective date of [the flavored of this Article, it shall be a aroma, other than the taste or pipe tobacco, snuff, snus, or tobacco regulation].” violation of these regulations aroma of tobacco, imparted electronic smoking devices Hayward, Cal. Code § 10- for any Tobacco Retailer or by a tobacco product or any (with or without nicotine).” 1.2783(c) (2019). any of the Tobacco Retailer’s byproduct produced by the Hayward, Cal. Code § 10- agents or employees to tobacco product, including, but 1.2782(t) (2019) (emphasis sell or offer for sale, or not limited to, tastes or aromas added). to possess with intent to relating to … menthol … ” sell or offer for sale, any “‘Flavored Tobacco Product’ Hayward, Cal. Code § 10- flavored tobacco product means any tobacco product 1.2782(b) (2019) (emphasis within a 500 foot radius (other than cigarettes as added). of any private or public defined by federal law) that kindergarten, elementary, “‘Flavored Tobacco Product’ contains a constituent that middle, junior high, or high means any tobacco product imparts a characterizing flavor.” (other than cigarettes as school. The burden of proof Hayward, Cal. Code § 10- defined by federal law) that to establish that sales of 1.2782(f) (2019) (emphasis contains a constituent that flavored tobacco products added). preceded the effective date imparts a characterizing of these regulations shall flavor.” be on the Tobacco Retailer.” Hayward, Cal. Code § 10- Hayward, Cal. Code § 10- 1.2782(f) (2019). 1.2783(c) (2019) (emphasis added).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 8 April 2020
Jurisdiction / California / Laguna Niguel
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “It shall be a violation of this “Characterizing flavor” means “It shall be a violation of this article for any electronic “a taste or aroma, other than article for any electronic cigarette retailer or any the taste or aroma of tobacco cigarette retailer or any of the of th electronic cigarette … of an electronic cigarette electronic cigarette retailer’s retainer’s agents or product … including, but not agents or employees to sell employees to sell or offer for limited to, tastes or aromas or offer for sale, any flavored sale, any flavored electronic relating to menthol, mint, electronic cigarette product.” cigarette product.” wintergreen, fruit, chocolate, Laguna Niguel, Cal. vanilla, honey, candy, cocoa, Laguna Niguel, Cal. Ordinance No. 2019-199 sec. dessert, alcoholic beverage, Ordinance No. 2019-199 5-3-198(a). herb or spice.” sec. 5-3-198(a). Laguna Niguel, Cal. Ordinance No. 2019-199 sec. 5-3-197.
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 9 April 2020
Jurisdiction / California / Livermore
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “Sale, offer for sale, “Characterizing flavor” “Sale, offer for sale, exchange, exchange, or offer to includes “menthol, mint, or offer to exchange of any exchange any flavored wintergreen.” electronic smoking device” tobacco product is and “electronic smoking Livermore, Cal. Code § prohibited.” device fluid” prohibited. 5.50.020 (B) (2019). Livermore, Cal. Code § Livermore, Cal. Code § 5.50.100 (A) (2019). 5.50.100 (B-C) (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 10 April 2020
Jurisdiction / California / Long Beach
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “A person, including a “Flavor” means “an artificial “Flavored electonic smoking tobacco retailer or any or naturally-occurring devices” and “flavored employee of a tobacco substance that contains the electronic smoking device retailer, shall not sell or taste or smell, other than the fluid” are included in the offer for sale, or distribute taste of tobacco … including, “prohibited products.” any prohibited product.” but not limited to … menthol, Long Beach, Cal. Ordinance mint, wintergreen … ” Long Beach, Cal. No. 19-0033, sec. Ordinance No. 19-0033, Long Beach, Cal. Ordinance 5.94.020(0). sec. 5.94.030 (A). No. 19-0033 sec. 5.94.020 (H). Prohibited products are defined as “flavored cigarillos, flavored electronic smoking devices, flavored electronic smoking device fluid and menthol cigarettes.” Long Beach, Cal. Ordinance No. 19-0033 sec. 5.94.020(O).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 11 April 2020
Jurisdiction / California / Marin County
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “The sale or offer for A “characterizing flavor” “Tobacco product” includes sale, by any person or is “distinguishable taste or “any product containing, tobacco retailer of any aroma or both, other than made, or derived from flavored tobacco product is the taste or aroma of tobacco tobacco or nicotine that prohibited and no person … include[ing], but not is intended for human or tobacco retailer shall limited to … menthol, mint, consumption … ” sell, or offer for sale, any wintergreen.” Marin Cty., Cal. Code § flavored tobacco product.” Marin Cty., Cal. Code § 5.75.030 (g)(1) (2019). Marin Cty., Cal. Code § 5.75.030 (a) (2019). and “any electronic device 5.75.040 (a) (2019). that delivers nicotine … an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.” Marin Cty., Cal. Code § 5.75.030 (g)(2).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 12 April 2020
Jurisdiction / California / Oakland
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 taste this Chapter means … b) Any to the sale or offer for sale of tobacco retailer or any of or aroma, other than the Electronic Smoking Device.” Flavored Tobacco Products by the tobacco retailer’s agents taste or aroma of tobacco, a ‘Tobacco Store.’” “Tobacco Oakland, Cal., Code 5.91 or employees to sell or imparted by a Tobacco Store” is a retail business (2019). offer for sale, or to possess Product or any byproduct that primarily sells tobacco with intent to sell or offer produced by the Tobacco products; generates more for sale, any flavored Product, including, but limited than 60 percent of its gross tobacco product. A tobacco to, taste or aromas relating to revenues annually from the product is presumed to any fruit, chocolate, vanilla, sale of tobacco products and be a flavored tobacco honey, candy, cocoa, dessert, tobacco paraphernalia; does product if a Tobacco alcoholic beverage, menthol, not permit any person under Retailer, Manufacturer, or mint, wintergreen, herb, or 18 years of age to be present any employee or agent spice; provided, however or enter the premises at any of a Tobacco Retailer or that a tobacco product shall time, unless accompanied by Manufacturer has: a) not be determined to have the person’s parent or legal Made a public statement a Characterizing Flavor guardian; and does not sell or claim that the tobacco solely because of the use alcoholic beverages or food for product has or produces of additives or flavorings or consumption on the premises. a characterizing flavor, the provision of ingredient Oakland, Cal., Code 5.91 including, but not limited information.” (2019). to, text and/or images on Oakland, Cal., Code 5.91 the products’ labeling or (2019). packaging that are used to explicitly or implicitly communicate information about the flavor, taste
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 13 April 2020
Jurisdiction / California / Oakland / continued
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
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 (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 14 April 2020
Jurisdiction / California / Palo Alto
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “No retailer shall sell “No retailer shall sell a “‘Tobacco products’ include “Retailers that primarily sell a tobacco product tobacco product containing, electronic nicotine delivery tobacco products; generate containing, as a constituent as a constituent or additive, systems (such as, but not more than 60 percent of their or additive, an artificial an artificial or natural flavor limited to, electronic cigarettes, gross revenues annually from or natural flavor or aroma or aroma (other than tobacco) electronic cigars, electronic the sale of tobacco products; (other than tobacco) or or an herb or spice … that is a hookahs, vape pens, personal do not permit any person under an herb or spice, including characterizing flavor or aroma vaporizers, and electronic 21 years of age to be present strawberry, grape, of the tobacco product, smoke pipes), as well as components or enter the premises at any orange, clove, cinnamon, or vapor produced by the or parts of tobacco products, time, unless accompanies pineapple, vanilla, coconut, tobacco product.” including liquids that are for by the person’s parent or licorice, cocoa, chocolate, use in an electronic nicotine legal guardian; do not sell Palo Alto, Cal., Code 4.64 cherry, or coffee, that is delivery system and that alcoholic beverages or food for (2019). a characterizing flavor contain or are derived from consumption on the premises; or aroma of the tobacco tobacco or nicotine.” and post a sign outside the retail product, smoke or vapor location that clearly, sufficiently, Palo Alto, Cal., Code 4.64 produced by the tobacco and conspicuously inform the (2019). product.” public that persons under 21 years of age are prohibited from Palo Alto, Cal., Code 4.64 entering the premises.” (2019). Palo Alto, Cal., Code 4.64 (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 15 April 2020
Jurisdiction / California / Sacramento / effective October 1, 2019
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “It is a violation of a license “Flavored tobacco product “Tobacco product means for a licensee or his or her means any tobacco product … [an] electronic device agents or employees to that imparts a characterizing that delivers nicotine or sell or offer for sale any flavor.” other vaporized liquids to flavored tobacco product the person inhaling from “Characterizing flavor means … ” the device, including, but a taste or aroma, other not limited to, an electronic Sacramento, Calif., than the taste or aroma of cigarette … [and] [a]ny Ordinance 2019-0012 tobacco, imparted either prior component, part, or accessory (April 16, 2019) (codified at to or during consumption … whether or not sold Sacramento, Calif., Code § of a tobacco product or any separately.” 5.138.100(A)). byproduct produced by the tobacco product, including, Sacramento, Calif., Ordinance but not limited to, tastes or 2019-0012 (April 16, 2019) aromas relating to menthol, (codified at Sacramento, mint, wintergreen … ” Calif., Code § 5.138.030) (emphasis added). Sacramento, Calif., Ordinance 2019-0012 (April 16, 2019) (codified atSacramento , Calif., Code § 5.138.030) (emphasis added).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 16 April 2020
Jurisdiction / California / San Francisco
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 any means a Distinguishable taste meaning set forth in Health Flavored Tobacco Product or aroma or both, other than Code Section 19H.2.” is prohibited.” the taste or aroma of tobacco S.F., Cal., Health Code § … Characterizing Flavors S.F., Cal., Health Code § 19Q.2 (2019). include, but are not limited to, 19Q.3 (2019). tastes or aromas relating to “‘Tobacco Product’ means (1) any fruit, chocolate, vanilla, any product containing, made, honey, candy, cocoa, dessert, or derived from tobacco or alcoholic beverage, menthol, nico- tine that is intended for mint, wintergreen, herb, or human consumption … ; (2) spice.” any device or component, part, or accessory that S.F., Cal., Health Code § 19Q.2 delivers nicotine alone (2019) (emphasis added). or combined with other substances to the person using the device including but not limited to electronic cigarettes, cigars, or pipes … ” S.F., Cal., Health Code § 19Q.2 (2019) (emphasis added).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 17 April 2020
Jurisdiction / California / San Leandro
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes (note: menthol cigarettes Yes No No are not prohibited because “No tobacco retailer, nor “‘Flavored tobacco product’ “No tobacco retailer, nor any the ordinance excludes any of the retailer’s agents means any tobacco product of the retailer’s agents or cigarettes) or employees, shall sell or … This includes … electronic employees, shall sell or offer offer for sale, or possess “No tobacco retailer, nor cigarettes or electronic for sale, or possess with intent with intent to sell or offer any of the retailer’s agents or smoking devices.” to sell or offer for sale, any for sale, any flavored employees, shall sell or offer flavored tobacco product.” San Leandro, Cal., Code § tobacco product.” for sale, or possess with intent 4.36.100 (2019) (emphasis San Leandro, Cal., Code § to sell or offer for sale, any San Leandro, Cal., Code added). 4.36.150(l) (2019) (emphasis flavored tobacco product.” § 4.36.150(l) (2019) added). (emphasis added). San Leandro, Cal., Code § “‘Tobacco retailer’ means any 4.36.150(l) (2019) (emphasis person who sells, offers for sale, added). or does or offers to exchange “‘Flavored tobacco product’ for any form of consideration, means any tobacco product electronic cigarettes, electronic (other than cigarettes as cigarette products, electronic defined by the U.S. Food and cigarette paraphernalia, Drug Administration).” tobacco products or tobacco paraphernalia. … This definition San Leandro, Cal., Code § is without regard to the 4.36.100 (2019) (emphasis quantity … sold, offered for added). sale, exchanged, or offered for exchange.” San Leandro, Cal., Code § 4.36.100 (2019) (emphasis added).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 18 April 2020
Jurisdiction / California / Santa Clara County
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “No Retailer shall Sell “An artificial or natural flavor “Tobacco Product means The law “shall not apply to any a Tobacco Product or aroma … including but not any product subject to Retailer that meets all of the containing … an artificial limited to … mint, menthol.” Subchapter IX (21 U.S.C. et following criteria: (i) primarily or natural flavor or aroma seq. [ … ] of the Federal Food, sells tobacco products; (ii) Santa Clara Cty., Cal. Code (other than tobacco) or an Drug, and Cosmetic Act … generates more than 60 § B11-578(i)(1) (2020). herb or spice, including but include, but are not limited to, percent of its gross revenues not limited to strawberry, cigarettes, cigarette tobacco annually from the sale of grape, orange, clove, … and Electronic Cigarette Tobacco Products; (iii) does not cinnamon, pineapple, Products.” permit any individual under 21 vanilla, coconut, licorice, years of age to be present or Santa Clara Cty., Cal. Code cocoa, chocolate, cherry, enter the premises at any time § B11-577(i) (2020). mint, menthol, or coffee, … (iv) does not sell alcoholic that is a characterizing beverages or food consumption flavor or aroma of the on the premises; and (v) posts Tobacco Product, smoke, or a sign outside a retail location vapor produced.” that clearly, sufficiently, and conspicuously informs the Santa Clara Cty., Cal. public that individuals under 21 Code § B11-578(i)(1) years of age are prohibited from (2020). entering the premises.” Santa Clara Cty., Cal. Code § B11-578 (i)(3) (2020).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 19 April 2020
Jurisdiction / California / Santa Cruz
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “It shall be a violation “Characterizing flavor” means “Flavored tobacco product” of this chapter for any a “taste or aroma, other than means “any tobacco product, tobacco retailer or any the taste or aroma of tobacco e-cigarette, or tobacco of the tobacco retailer’s … relating to menthol, mint, paraphernalia that imparts agents or employees to sell wintergreen.” a characterizing flavor.” or offer for sale … possess Tobacco products include Santa Cruz Cty., Cal. Code § with intent to sell … any “any product containing, 6.06.020 (2019). flavored tobacco product.” made, or derived from tobacco or nicotine that Santa Cruz Cty., Cal. is intended for human Code § 6.06.030 (2019). consumption” including “any electronic device that delivers nicotine or other substances to the person inhaling.” Santa Cruz Cty., Cal. Code § 6.06.020 (K)(1-2) (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 20 April 2020
Jurisdiction / California / Santa Maria
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “It shall be a violation “Characterizing flavor” “Tobacco product” means of this Chapter for any includes “tastes or aroma “any electronic smoking Tobacco Retailer or any relating to menthol, mint, device that delivers nicotine of the Tobacco Retailer‘s wintergreen” or other substances to the agents or employees to Person inhaling from the Santa Maria, Cal. Ordinance Sell or offer for Sale, or device including, but not No. 2019-11 sec. 6-13.01. to possess with intent to limited to, an electronic Sell or offer for Sale, any cigarette, electronic cigar, Flavored Tobacco Product” electronic pipe or electronic hookah, and specifically Santa Maria, Cal. includes the cartridges or Ordinance No. 2019-11 sec. vaping capsules” 6-13.11. Santa Maria, Cal. Ordinance No. 2019-11 sec. 6-13.01(x)(2).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 21 April 2020
Jurisdiction / California / South San Francisco
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No ”No person or tobacco (See previous section.) “Tobacco products” include Adult-only retailers and hookah retailer shall sell, or offer to “(2) any electronic device bars/smoking lounges. sell, any flavored tobacco that delivers nicotine or S. San Francisco, Cal. Code product.” other substances to a person § 6.47.050 (b) & 6.47.020 (a) inhaling from the device, S. San Francisco, Cal. (2019). including, but not limited Code § 6.47.020 (a) to, an electronic cigarette, (2019). electronic cigar, electronic Flavored tobacco product is pipe, or electronic hookah.” “any tobacco product that S. San Francisco, Cal. Code § contains a constituent that 20.420.002 (2019). imparts a characterizing flavor.” 6.47.010 (f); Characterizing flavor is “a distinguishable taste or aroma or both, other than the taste or aroma of tobacco … includ[ing], but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice.” S. San Francisco, Cal. Code § 6.47.010 (c).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 22 April 2020
Jurisdiction / California / Watsonville
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “It shall be unlawful for “Flavored tobacco product” “Flavored tobacco product” any tobacco retailer or any means “any tobacco product includes “any tobacco of the tobacco retailer’s that contains the taste product.” A tobacco product agents or employees to or smell, other than the means “an article or sell or offer for sale, or taste or smell of tobacco substance containing or made to possess with intent to … distinguishable by the of, or derived from tobacco sell or offer for sale, any consumer … including, but not or nicotine … intended for flavored tobacco product.” limited to … menthol, mint, human consumption” and wintergreen.” “any electronic smoking Watsonville, Cal. Code § device.” 5-46.08 (f) (2019). Watsonville, Cal. Code § 5-46.02 (d) (2019). Watsonville, Cal. Code §§ 5-46.02 (q)(1) & (2) (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 23 April 2020
Jurisdiction / California / Yolo County*
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No. Note that this ordinance “[I]t shall be a violation “‘Flavored Tobacco Product’ “‘Tobacco Product’ means: “[I]t shall be a violation of this only applies to of this Chapter for any means any Tobacco Product (1) any substance containing Chapter for any licensee or unincorporated licensee or any of the that contains a constituent tobacco leaf, including but not any of the licensee’s agents or parts of the licensee’s agents or that imparts a characterizing limited to cigarettes … (3) any employees to sell, offer for sale, county. employees 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 the to the person inhaling from (1) Any Flavored Tobacco addition of artificial or natural the device, including but (1) Any Flavored Tobacco Product.” flavors or an herb or space, not limited to an electronic Product.” including menthol … ” cigarette, cigar, pipe, or Yolo County, Cal., Code § Yolo County, Cal., Code § hookah.” 6-15.10(e) (2019) (emphasis Yolo County, Cal., Code § 6-15.10(e) (2019). added). 6-15.02(f) (2019) (emphasis Yolo County, Cal., Code § added). 6-15.02(m) (2019) (emphasis added).
* Woodland, CA, and Davis, CA, adopted Yolo County’s flavor restrictions by reference.”
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 24 April 2020
Jurisdiction / Colorado / Boulder
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “No tobacco retailer or any A “characterizing flavor” is Retailers are prohibited “Provided however, that until agent or employee of any defined as “distinguishable from selling “any flavored January 1, 2020, a tobacco tobacco retailer shall sell, taste or aroma or both other tobacco product designed retailer who does not permit offer for sale or possess than the taste or aroma of for or capable of use in any anyone under the age of 21 from with the intent to sell … any tobacco” including “menthol, electronic smoking device.” being present in or entering the flavored tobacco product mint, wintergreen.” premises may sell or offer for Boulder, Colo. Code § 6-4.5- designed for or capable sale menthol-flavored flavored Boulder, Colo. Code § 6-4.5-1 2(c) (2020). of use in any electronic tobacco products designed for (2020). smoking device” or capable of being used in an electronic smoking device.” Boulder, Colo. Code § 6-4.5-2(c) (2020). Boulder, Colo. Code § 6-4.5- 2(c) (2020).
www.publichealthlawcenter.org Colorado U.S. Sales Restrictions on Flavored Tobacco Products 25 April 2020
Jurisdiction / Illinois / Chicago
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes — within buffer zone Yes Yes Yes No “No person shall sell, give “‘Flavored tobacco product’ “Tobacco product means “No person shall sell, give away, barter, exchange, means any tobacco product any electronic cigarette as away, barter, exchange, or or otherwise deal in that contains a constituent defined herein or component otherwise deal in flavored flavored tobacco products, that imparts a characterizing or part thereof … ” tobacco products, samples of samples of such products, flavor … ‘[C]haracterizing such products, or accessories Chicago, Ill., Code § 4-64- or accessories for such flavor’ means a distinguishable for such products at any location 100 (2019) (emphasis products at any location taste or aroma, other than the that has a property line within added). within 500 feet of the taste or aroma of tobacco, 500 feet of the property line of property line of any public, imparted either prior to or “Electronic cigarette means any public, private, or parochial private, or parochial during consumption of a any electronically actuated secondary school located in the secondary school located tobacco product, including, device which in operation City of Chicago. This subsection in the City of Chicago.” but not limited to, tastes or causes the user to exhale does not apply to retail tobacco aromas of menthol, mint, any smoke, vapor, or other stores. For purposes of this Chicago, Ill., Code § 4-64- wintergreen, chocolate, substance other than those subsection, ‘retail tobacco store’ 515(b) (2019) (emphasis vanilla, honey, cocoa, any produced by unenhanced has the meaning ascribed to the added). candy, any dessert, any human exhalation … ” term in Section 7-32-010.” alcoholic beverage, any fruit, Chicago, Ill., Code § 7-32- Chicago, Ill., Code § 4-64- any herb, and any spice … ” 010 (2019). 151(b) (2019) (emphasis added). Chicago, Ill., Code § 4-64- “‘Retail tobacco store’ means 100 (2019) (emphasis a retail establishment that added). derives more than 80% of its gross revenue from the sale of loose tobacco, cigarettes, cigarillos, cigars, pipes, other smoking devices and accessories, hookahs and
www.publichealthlawcenter.org Illinois U.S. Sales Restrictions on Flavored Tobacco Products 26 April 2020
Jurisdiction / Illinois / Chicago / continued
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
related products, and/or electronic cigarettes and related products, and in which the sale of other products is merely incidental. ‘Retail tobacco store’ does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license.” Chicago, Ill., Code § 7-32-010 (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 27 April 2020
Jurisdiction / Massachusetts / effective June 1, 2020
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “No person, retailer or “Characterizing flavor” “Tobacco product” includes The law “shall not apply to manufacturer shall sell, includes “menthol, mint.” “electronic cigarettes, the sale or distribution by a distribute, cause to be electronic cigars, electronic smoking bar, as defined in Mass. Gen. Laws c.270 § sold or distributed, offer pipes, electronic nicotine section 22, of flavored tobacco 28(a) (2019). for sale any flavored delivery systems or any other products or tobacco product tobacco product or tobacco similar products that rely on flavor enhancers for on-site product flavor enhancer in vaporization or aerosolization consumption.” Mass. Gen. any retail establishment, regardless of nicotine content Laws c.270 § 28(b). “’Smoking online or through any other in the product.” bar’, an establishment that: means to any consumer (i) exclusively occupies an Mass. Gen. Laws c.270 § in the commonwealth; enclosed indoor space and 28(a) (2019). … No person, retailer or is primarily engaged in the manufacturer shall market retail sale of tobacco products or advertise a proposed as defined in section 6 for sale or distribution that is consumption by customers prohibited herein.” on the premises; (ii) derives revenue from the sale of food, Mass. Gen. Laws c.270 § alcohol or other beverages that 28(b) (2019). is incidental to the sale of a tobacco product and prohibits entry to a person under 21 years of age; (iii) prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; (iv) maintains a valid permit for the retail sale of a tobacco product
www.publichealthlawcenter.org Massachusetts U.S. Sales Restrictions on Flavored Tobacco Products 28 April 2020
Jurisdiction / Massachusetts / effective June 1, 2020 / continued
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
as required to be issued by the appropriate authority in the city or town in which the establishment is located; and (v) maintains a valid permit issued by the department of revenue to operate as a smoking bar.” Mass. Gen. Laws c.270 § 22(a) (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 29 April 2020
Jurisdiction / Massachusetts / Boston
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “No retailer, retail “Characterizing flavor” “Nicotine delivery products Yes. Prohibiting flavor “shall establishment, or other includes “mint, menthol, include … e-cigarettes … ” not apply to an adult-only retail individual or entity shall and wintergreen.” Boston tobacco store or smoking bar as Boston Public Health sell or distribute or cause Public Health Commission, defined by this regulation.” Commission, Youth Access to be sold or distributed or Youth Access Regulation § Regulation § II(14) (2019) Boston Public Health offer for sale any flavored II(5) (2019). “Amendments (emphasis added). Commission, Youth Access tobacco product to a to this regulation shall take Regulation § III(5) (2019). consumer. This provision effect immediately upon “Tobacco Product – A shall not apply to a retail passage. Notwithstanding cigarette, cigar, chewing tobacco store or smoking the foregoing, restrictions on tobacco, pipe tobacco, bidi, bar as defined by this the sale of mint, menthol, and snuff, other tobacco or regulation.” wintergreen flavored tobacco nicotine delivery product in products shall take effect any form.” Boston Public Health June 1, 2020.” Commission, Youth Access Id. § II(20) (emphasis added). Regulation § III(E)(1) Boston Public Health “Flavored Tobacco Product – (2019). Commission, Youth Access Any tobacco product or any Regulation § XIII (2019). component part thereof that contains a constituent that imparts a characterizing flavor.” Id. § II(13) (emphasis added).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 30 April 2020
Jurisdiction / Massachusetts / Brookline
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes No No “No entity shall sell or A characterizing flavor is The flavor prohibition distribute or cause to “a distinguishable taste or includes “flavored tobacco or be sold or distributed aroma, other than the taste or e-cigarette products.” any flavored tobacco or aroma of tobacco, menthol, Brookline, Mass. By-Laws e-cigarette products, except mint or wintergreen, imparted sec. 8.23.2 (b) (2019). in retail tobacco stores.” or detectable either prior to or during consumption Brookline, Mass. By-Laws of a tobacco or e-cigarette sec. 8.23.5(i)(5) (2019). products … ” Brookline, Mass. By-Laws sec. 8.23.2(p) (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 31 April 2020
Jurisdiction / Massachusetts / Cambridge
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “No retailer, or other “Characterizing Flavor. A “Nicotine Delivery Product. “No retailer, or other individual individual or entity shall distinguishable taste or aroma, Any manufactured article or or entity shall sell or distribute sell or distribute or cause other than the taste or aroma product made wholly or in or cause to be sold or to be sold or distributed or of tobacco, menthol, mint or part of a tobacco substitute or distributed or offer for sale any offer for sale any flavored wintergreen, imparted either otherwise containing nicotine flavored tobacco to a consumer. tobacco to a consumer. This prior to or during consumption that is expected or intended This provision shall not apply to provision shall not apply to of a tobacco product … ” for human consumption … a retail tobacco store.” a retail tobacco store.” Nicotine delivery products Cambridge, Mass., Code § Cambridge, Mass., Code § include, but are not limited to, Cambridge, Mass., Code 8.28.020 (2019) (emphasis 8.28.030(K) (2019) (emphasis e-cigarettes.” § 8.28.030(K) (2019) added). added). (emphasis added). Cambridge, Mass., Code § 8.28.020 (2019) (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).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 32 April 2020
Jurisdiction / Massachusetts / Framingham
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes Yes “A holder of a valid “Characterizing flavor” is “Tobacco products” includes Adult-Only Retail Tobacco Framingham Tobacco Product Sales defined as “a distinguishable “electronic cigarettes, Stores, as defined herein, may was sued by Permit … may not sell taste or aroma, other than electronic cigars, electronic sell Tobacco Products, Flavored Cumberland Smoke Accessories the taste or aroma of tobacco pipes, electronic hookah, Tobacco Products, and Smoke Farms in 2019. or Flavored Tobacco … including, but not limited liquid nicotine, ‘e-liquids’ or Accessories.” Products.” to, tastes or aromas relating other similar products.” Regulation of Framingham to any … menthol, mint, Regulation of Regulation of Framingham Board of Health, Approved wintergreen … ” Framingham Board of Board of Health, Approved 4-25-2019, revised 12-19-2019, Health, Approved 4-25- Regulation of Framingham 4-25-2019, revised 12-19- sec. E(3). 2019, revised 12-19-2019. Board of Health, Approved 2019, sec. D. 4-25-2019, revised 12-19- 2019, sec. D.
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 33 April 2020
Jurisdiction / Massachusetts / Lowell
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes No “No person shall sell or A “characterizing flavor” is “Tobacco product” means There is an exemption for distribute or cause to defined as “a distinguishable “any product containing, “retail tobacco stores,” which be sold or distributed taste or aroma of tobacco, made, or derived from are defined as establishments, any flavored product.” menthol, mint or wintergreen … tobacco or nicotine that “whose primary purpose Regulation of Lowell Board including, but not limited to, is intended for human is to sell or offer for sale to of Health, sec. O (2016). tastes or aromas relating to any consumption, whether consumers, but not for resale, Flavored tobacco product fruit, chocolate, vanilla, honey, smoked, chewed, absorbed, tobacco products and tobacco is defined as “any tobacco candy, cocoa, dessert, alcoholic dissolved, inhaled, snorted, paraphernalia, in which the product or component beverage, herb or spice.” sniffed, or ingested by any sale of other products is merely part thereof that contains other means, including, but incidental, and in which the Regulation of Lowell Board a constituent that has or not limited to: … electronic entry of persons under the of Health, sec. C (2016). produces a characterizing cigarettes, electronic minimum legal sales age … is flavor.” cigars, electronic pipes, prohibited at all times.” electronic hookah, or other Regulation of Lowell Regulation of Lowell Board of similar products … that Board of Health, sec. C Health, sec. C (2016). rely on vaporization or (2016). aerosolization.” Regulation of Lowell Board of Health, sec. C (2016).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 34 April 2020
Jurisdiction / Massachusetts / Lynn
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes No “No person shall sell or “Characterizing flavor” is “Tobacco product” is defined Flavored products are banned distribute or cause to be defined as “a distinguishable as “any product containing, “except in smoking bars and sold or distributed any taste or aroma, other than the made, or derived from tobacco adult-only retail tobacco stores.” flavored tobacco product at taste or aroma of tobacco, or nicotine that is intended City of Lynn, Mass. Board of retail” menthol, mint or wintergreen” for human consumption … Health Reg., sec. P (2019). including, but not limited City of Lynn, Mass. Board City of Lynn, Mass. Board of to … electronic cigarettes, of Health Reg., sec. P Health Reg., sec. C (2019). electronic cigars, electronic (2019). pipes, electronic hookah, liquid nicotine, e-liquids or other similar products.” City of Lynn, Mass. Board of Health Reg., sec. C (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 35 April 2020
Jurisdiction / Massachusetts / Malden
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes No “No person shall sell or “Characterizing flavor” is “Tobacco product” is defined Flavored products are banned distribute or cause to be defined as “a distinguishable as “any product containing, “except in smoking bars and sold or distributed any taste or aroma, other than the made, or derived from tobacco adult-only retail tobacco flavored tobacco product, taste or aroma of tobacco, or nicotine that is intended stores.” except in smoking bars and menthol, mint or wintergreen for human consumption … Malden, Mass. Dept. of adult-only retail tobacco … “ including, but not limited Health, Rules and Reg., sec. stores.” to … electronic cigarettes, Malden, Mass. Dept. of 21(O). electronic cigars, electronic Malden, Mass. Dept. of Health, Rules and Reg., sec. pipes, electronic hookah, Health, Rules and Reg., 21(C). liquid nicotine, ‘e-liquids’ or sec. 21(O). other similar products.” Malden, Mass. Dept. of Health, Rules and Reg., sec. 21(C).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 36 April 2020
Jurisdiction / Massachusetts / Medford
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes “No person shall sell or “Characterizing flavor” is “Tobacco product” is Flavored products are banned distribute or cause to be defined as “a distinguishable defined as “any product “except in adult-only retail sold or distributed any taste or aroma, other than the containing, made, or derived tobacco stores.” flavored tobacco product” taste or aroma of tobacco, from tobacco or nicotine Medford, Mass. Bd. of Health menthol, mint or wintergreen that is intended for human Medford, Mass. Bd. of Reg. sec. (G) (2017). … “ consumption … including Health Reg. sec. (G) … electronic cigarettes, (2017). Medford, Mass. Bd. of electronic cigars, electronic Health Reg. sec. (C) (2017). pipes, electronic hookah, liquid nicotine, ‘e-liquids’ or other similar products.” Medford, Mass. Bd. of Health Reg. sec. (C) (2017).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 37 April 2020
Jurisdiction / Massachusetts / Melrose
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes No “No person shall sell or Characterizing flavor is defined Tobacco product is defined “Retail tobacco stores” are distribute or cause to be as “a distinguishable taste as “any product containing, exempted, Melrose, Mass. sold or distributed any or aroma, other than the made, or derived from Bd. of Health Reg. sec. (J) flavored tobacco product taste or aroma of tobacco, tobacco or nicotine that (2019), which are defined or nicotine delivery device.” menthol, mint or wintergreen is intended for human as “an establishment whose … including, but not limited to, consumption … including, primary purpose is to sell or Melrose, Mass. Bd. of tastes or aromas relating to any but not limited to, cigarettes, offer for sale, but not for resale, Health Reg. sec. (J) fruit, chocolate, vanilla, honey, cigars, little cigars, chewing tobacco products and tobacco (2019). candy, cocoa, dessert, alcoholic tobacco, pipe tobacco, snuff; paraphernalia.” beverage, herb or spice.” or electronic cigarettes, Melrose, Mass. Bd. of Health electronic cigars, electronic Melrose, Mass. Bd. of Health Reg. sec. (C) (2019). pipes, electronic hookah, Reg. sec. C definitions. liquid nicotine, ‘e-liquids’ or other similar products.” Melrose, Mass. Bd. of Health Reg. sec. C definitions.
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 38 April 2020
Jurisdiction / Massachusetts / Newton
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes No “No retailer, or other A “characterizing flavor” is A “nicotine delivery product” There is an exception for “retail individual or entity shall defined as “a distinguishable includes “e-cigarettes.” tobacco stores” and “retail sell or distribute or cause taste or aroma, other than the nicotine delivery product Newton, Mass. Ord. Ch. 20- to be sold or distributed or taste or aroma of tobacco, stores.” These stores are 2(b) & (j) (2019). offer for sale any flavored menthol, mint or wintergreen defined as “establishment[s] tobacco or nicotine product … “ … whose primary purpose to a consumer.” is to sell or offer for sale to Newton, Mass. Ord. Ch. 20- consumers, but not for resale, Newton, Mass. Ord. Ch. 2(b) (2019). tobacco products and tobacco 20-2(j) (2019). paraphernalia, or nicotine delivery products, in which the entry of persons under the age of twenty-one (21) is prohibited at all times.” Newton, Mass. Ord. Ch. 20- 2(b) & (j) (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 39 April 2020
Jurisdiction / Massachusetts / Peabody
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes No “No entity shall sell or A “characterizing flavor” is “Tobacco products” includes Flavored products are banned distribute or cause to defined as “a distinguishable “electronic cigarettes, “except in smoking bars and be sold or distributed taste or aroma, other electronic cigars, electronic adult-only retail tobacco stores.” any flavored tobacco or than the taste or aroma of pipes, electronic hookah, Peabody, Mass. Bd. of Health e-cigarette products, except tobacco, menthol, mint or liquid nicotine, ‘e-liquids’ or Reg. Restricting the Sale of in retail tobacco stores.” wintergreen … ” other similar products.” Tobacco Products, secs. (C) & Peabody, Mass. Bd. of Peabody, Mass. Bd. of Health Peabody, Mass. Bd. of Health (J) (2019). Health Reg. Restricting the Reg. Restricting the Sale of Reg. Restricting the Sale of Sale of Tobacco Products, Tobacco Products, sec. (C) Tobacco Products, sec. (C) sec. (G) (2019). (2019). (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 40 April 2020
Jurisdiction / Massachusetts / Somerville
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “No person shall sell or “Flavored tobacco product: “Tobacco product: Any “No person shall sell or distribute or cause to be Any tobacco product or product containing, made, distribute or cause to be sold or sold or distributed any component part thereof or derived from tobacco or distributed any flavored tobacco flavored tobacco product … ” that contains a constituent nicotine that is intended product, except in smoking bars that has or produces a for human consumption … and retail tobacco stores.” Somerville, Mass., Health characterizing flavor.” including, but not limited to: Reg. Part G (2019). Somerville, Mass., Health electronic cigarettes … [and] “Characterizing flavor: A Reg. Part G (2019) (emphasis any component or part of a distinguishable taste or added). tobacco product … ” aroma, other than the taste or aroma of tobacco, imparted Somerville, Mass., Health or detectable either prior to Reg. Part C (2019) (emphasis or during consumption of a added). tobacco product … including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, menthol, mint, wintergreen … ” Somerville, Mass., Health Reg. Part C (2019) (emphasis added).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 41 April 2020
Jurisdiction / Massachusetts / Worcester
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes No No entity shall sell or A “characterizing flavor” is “Tobacco products” includes Flavored products are banned distribute or cause to defined as “a distinguishable “electronic cigarettes, “except in smoking bars and be sold or distributed taste or aroma, other than the electronic cigars, electronic adult-only retail tobacco stores.” any flavored tobacco or taste or aroma of tobacco, pipes, electronic hookah, Worcester, Mass. Bd. of e-cigarette products, except menthol, mint or wintergreen liquid nicotine, ‘e-liquids’ or Health, Reg. Restricting the in retail tobacco stores.” … ” other similar products.” Sale of Cigars and Flavored Worcester, Mass. Bd. of Worcester, Mass. Bd. of Worcester, Mass. Bd. of Tobacco Products, sec. (E) Health, Reg. Restricting Health, Reg. Restricting the Health, Reg. Restricting the (2019). the Sale of Cigars and Sale of Cigars and Flavored Sale of Cigars and Flavored Flavored Tobacco Products, Tobacco Products, sec. (C) Tobacco Products, sec. (C) sec. (G) (2019). (2019). (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 42 April 2020
Jurisdiction / Minnesota / Duluth
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 “For purposes of this Chapter, “No person shall sell, offer for offer for sale or otherwise means any tobacco or the terms ’tobacco’ and sale or otherwise distribute any distribute any flavored tobacco related device that ‘tobacco related devices’ flavored tobacco products. This tobacco products.” contains a taste or smell, shall … include electronic restriction does not apply to other than the taste or smell cigarettes defined as any retail establishments that: Duluth, Minn., Code § 11- of tobacco … including, but electronic-smoking device 11(a) (2019). (1) Prohibit persons under the not limited to, any taste or that can be used to deliver age of 18 from entering at all smell relating to menthol, nicotine or any other times; and mint, wintergreen … ” substances to the person inhaling from the device. (2) Derive at least ninety Duluth, Minn., Code § The term shall include such percent of their revenues from 11-11(c) (2019) (emphasis devices whether they are the sale of tobacco, tobacco- added). manufactured as electronic related devices.” cigarettes, electronic cigars, Duluth, Minn., Code § 11-11(a) electronic pipes or any other (2019) (emphasis added). product name … ” Duluth, Minn., Code § 11-1(a) (2019) (emphasis added).
www.publichealthlawcenter.org Minnesota U.S. Sales Restrictions on Flavored Tobacco Products 43 April 2020
Jurisdiction / Minnesota / Minneapolis
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “No person shall sell, offer “Flavored tobacco product “Tobacco products means “No person shall sell, offer for sale, give away, barter, means any tobacco product tobacco, tobacco related for sale, give away, barter, exchange, or otherwise that contains a taste or devices, electronic delivery exchange, or otherwise deal deal in flavored tobacco aroma, other than the taste or devices, or nicotine or lobelia in flavored tobacco products products or samples of aroma of tobacco … including, delivery products as those or samples of such products. such products.” but not limited to, tastes or terms are defined in this This subsection does not apply aromas of menthol, mint, section.” to tobacco products shops or Minneapolis, Minn., Code wintergreen … ” to a licensed tobacco dealer § 281.45(f) (2019). Minneapolis, Minn., Code [under certain conditions]. This Minneapolis, Minn., Code § 281.15 (2019) (emphasis subsection does not apply to § 281.15 (2019) (emphasis added). licensed off sale liquor stores added). “Electronic delivery device with regard to menthol, mint or includes, but is not limited to wintergreen flavored tobacco … e-cigarettes … ” products provided that such an Id. (emphasis added). establishment does not permit any persons under the age of “Tobacco means cigarettes twenty-one (21) to be present and any product containing, within the establishment made, or derived from unaccompanied by a parent or tobacco that is intended for guardian.” human consumption … ” Minneapolis, Minn., Code § Id. 281.45(f) (2019) (emphasis added).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 44 April 2020
Jurisdiction / Minnesota / St. Louis Park
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “It shall be a violation of “Flavored tobacco product” “Tobacco product” means this subdivision for any means “any tobacco product, “tobacco, tobacco-related person to sell or offer to tobacco-related device, devices, electronic delivery sell any tobacco, tobacco- electronic-delivery device, or devices, or nicotine or lobelia related device, electronic nicotine or lobelia delivery delivery products as those delivery device, nicotine or product that contains the terms are defined in this lobelia delivery product … taste or smell, other than the section.” that meets the definition of taste or smell of tobacco, St. Louis Park, Minn. Code § flavored product.” menthol, mint or wintergreen.” 8-1 (2019). St. Louis Park, Minn. Code St. Louis Park, Minn. Code § § 8-374 (a)(6) (2019). 8-1 (2019).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 45 April 2020
Jurisdiction / Minnesota / Saint Paul
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “No person shall sell, offer “Flavored product means any “Electronic delivery device means “Retail stores that derive at for sale, or otherwise tobacco product, tobacco- any product containing or least ninety (90) percent of distribute any flavored related device, electronic delivering nicotine, lobelia, or their revenue from the sale of products.” delivery device, or nicotine any other substance intended tobacco products, tobacco- or lobelia delivery product for human consumption that related devices, electronic St. Paul, Minn., Code § that contains a taste or can be used by a person delivery devices, or nicotine or 324.07(f) (2019). smell, other than the taste to simulate smoking in the lobelia delivery products and or smell of tobacco that is delivery of nicotine or any other where the retailer ensures that distinguishable by an ordinary substance through inhalation no person under eighteen (18) consumer either prior to or of vapor from the product.” years of age is permitted to during [use] … including, but enter, at any time are permitted St. Paul, Minn., Code § not limited to, any taste or to sell and offer for sale 324.03(2) (2019) (emphasis smell relating to menthol, flavored tobacco products.” added). mint, wintergreen … ” St. Paul, Minn., Code § “Tobacco or tobacco product St. Paul, Minn., Code § 324.07(h)(3) (2019) (emphasis means any product containing, 324.03(3) (2019) (emphasis added). made, or derived from tobacco added). … including, but not limited to “Establishments holding an cigarettes … ” off-sale intoxicating liquor license … who also hold a St. Paul, Minn., Code § license for tobacco sales … 324.03(7) (2019). shall be permitted to sell and “Flavored product means any offer for sale flavored tobacco tobacco product, tobacco- products only in the following related device, electronic flavors: menthol, mint, and delivery device, or nicotine or wintergreen.”
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 46 April 2020
Jurisdiction / Minnesota / Saint Paul / continued
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
lobelia delivery product that St. Paul, Minn., Code § contains a taste or smell, 324.07(h)(4) (2019) (emphasis other than the taste or smell added). of tobacco, menthol, mint, or wintergreen … ” St. Paul, Minn., Code § 324.03(3) (2019) (emphasis added).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 47 April 2020
Jurisdiction / New Jersey / Jersey City
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No No “It shall be unlawful for “Flavored tobacco product” “It shall be unlawful for any any person to: sell, offer means “any Tobacco Product person to: sell, offer for sale, for sale, or distribute, any that contains a taste or smell or distribute, any Electronic Electronic Smoking Device other than the taste or smell Smoking Device which which delivers a Flavored of tobacco … including, but delivers a Flavored Tobacco Tobacco Product.” not limited to, any taste or Product, including but not smell similar to chocolate, limited to any flavored liquid, Jersey City, N.J. Ord. 19- cocoa, fruit, vanilla, honey, or cartridge, or component 158 sec. 316-2(A). any candy desert, alcoholic intended for the delivery … beverage, herb, or spice.” of a flavored tobacco product by way of inhalation from an Jersey City, N.J. Ord. 19-158 electronic smoking device.” sec. 316-1 (emphasis added). Jersey City, N.J. Ord. 19-158 sec. 316-2(A).
www.publichealthlawcenter.org New Jersey U.S. Sales Restrictions on Flavored Tobacco Products 48 April 2020
Jurisdiction / New York / New York
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No No (note that conventional Yes Yes cigarettes not included) “It shall be unlawful for “‘Characterizing flavor’ means “It shall be unlawful for any Manufacturers any person to sell or offer a distinguishable taste or “‘Tobacco product’ means person to sell or offer for sale, and distributors for sale, or to possess with aroma, other than the taste any product which contains or to possess with intent to sell alleged that the intent to sell or offer for or aroma of tobacco, menthol, tobacco that is intended or offer for sale, any flavored Family Smoking sale, any flavored tobacco mint or wintergreen, imparted for human consumption, tobacco product except in a Prevention product except in a either prior to or during including any component, tobacco bar.” Tobacco Control tobacco bar.” consumption of a tobacco part, or accessory of such Act (FSPTCA) N.Y.C., N.Y., Admin. Code § product or component part product. Tobacco product preempted N.Y.C., N.Y., Admin. Code § 17-715(a) (2019) (emphasis thereof … ” shall include, but not be NYC’s flavor 17-715(a) (2019). added). limited to, any cigar, little restrictions. N.Y.C., N.Y., Admin. Code § cigar, chewing tobacco, “Only the following entities may U.S. Smokeless 17-713(b) (2019) (emphasis pipe tobacco, roll-your-own sell or offer for sale flavored Tobacco Mfg. added). tobacco, snus, bidi, snuff, tobacco products: Co. LLC v. City of “‘Flavored tobacco product’ tobacco-containing shisha, or (1) Tobacco bars; and N.Y., 708 F.3d means any tobacco product or dissolvable tobacco product. 428, 430 (2d Cir. any component part thereof Tobacco product shall not (2) Tobacco wholesalers, but 2013). The court that contains a constituent include cigarettes … ” only where the sale or offer of held that it didn’t. that imparts a characterizing sale is made to a tobacco bar or Id. at 436 (“[W] N.Y.C., N.Y., Admin. Code § flavor.” to an entity located outside the e conclude that 17-713(j) (2019) (emphasis City of New York.” Administrative N.Y.C., N.Y., Admin. Code § added). 17-713(e) (2019). N.Y.C., N.Y., R. § 28-02(a) Code § 17–715 is (2019) (emphasis added). a regulation of “Tobacco products that sale and not a impart a distinguishable taste veiled attempt or aroma of menthol, mint, to regulate the wintergreen or tobacco, and do manufacture of not also impart a characterizing tobacco
www.publichealthlawcenter.org New York U.S. Sales Restrictions on Flavored Tobacco Products 49 April 2020
Jurisdiction / New York / New York / continued
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
flavor, arenot subject to the products.”) This restriction on sale set forth in is because the § 17-715 of the Administrative FSPTCA deals Code or these rules.” with product manufacturing N.Y.C., N.Y., R. § 28-02(b) standards — the (2019) (emphasis added). flavor restrictions only focus on whether the final product has flavoring (not how the flavor got there). Id. at 434.
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 50 April 2020
Jurisdiction / New York / Yonkers
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes No Yes “No person shall sell, offer “Characterizing flavor” is Prohibition includes “any Litigation over for sale or distribute in the defined as “[a] distinguishable flavored e-liquid or e-cigarette the flavor ban City any flavored e-liquid taste or aroma, including containing flavored e-liquid.” ordinance is or e-cigarette containing but not limited to any fruit, pending. Vape Yonkers, N.Y. Ord. 8-2019 flavored e-liquid. No other chocolate, vanilla, honey, Cave Yo and sec. 31-157. provision of law authorizing candy, cocoa, dessert, the New York the sale of tobacco menthol, alcoholic beverage, State Vapor products shall authorize the herb or spice flavoring, but Association Inc. sale of flavored e-liquid.” shall not include tobacco.” filed complaint Oct. 2019; the Yonkers, N.Y. Ord. 8-2019 Yonkers, N.Y. Ord. 8-2019 judge issued sec. 31-157. sec. 31-152 (emphasis added). temporary restraining order Nov. 2019 (as of Jan 2020).
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 51 April 2020
Jurisdiction / Pennsylvania / Philadelphia
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes Yes Yes Yes No “Except at an adults-only Characterizing flavor includes “Electronic smoking device” “No person shall sell or offer establishment, no person “menthol, mint, wintergreen.” or “ESD” as defined by for sale, or possess with intent shall sell or offer for sale, § 9-631(1) means “an to sell or offer for sale, any Philadelphia, Pa. Code § or possess with the intent electronic device, the use Electronic Smoking Device, 9-638(2) (2019). to sell or offer for sale, any of which simulates tobacco except at an Adults-Only Electronic Smoking Device smoking, that is intended Establishment.” with a Characterizing to delivery nicotine to the Philadelphia, Pa. Code § Flavor, defined as a taste or person inhaling from the 9-638(4) (2019). aroma, other than the taste device; the term includes any of tobacco.” solution, compound, or other substance containing nicotine Philadelphia, Pa. Code § and manufactured for use 9-638(2) (2019). with such a device.” Philadelphia, Pa. Code § 9-631(1) (2019).
www.publichealthlawcenter.org Pennsylvania U.S. Sales Restrictions on Flavored Tobacco Products 52 April 2020
Jurisdiction / Rhode Island / Providence
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes (note that conventional Yes Yes cigarettes not included) “It shall be unlawful for any “Characterizing flavor means a “It shall be unlawful for any In regards to person to sell or offer for distinguishable taste or aroma, “Tobacco product means any person to sell or offer for sale flavoring, the sale any flavored tobacco other than the taste or aroma product containing tobacco any flavored tobacco product ordinance product to a consumer, of tobacco, menthol, mint or or nicotine, including, but to a consumer, except in a survived First except in a smoking bar.” wintergreen, imparted either not limited to, cigars, pipe smoking bar.” Amendment prior to or during consumption tobacco, snuff, chewing and preemption Providence, R.I., Code § Providence, R.I., Code § 14-309 of a tobacco product … ” tobacco, dipping tobacco, challenges. 14-309 (2019). (2019) (emphasis added). bidis, snus, dissolvable Providence, R.I., Code § See Nat’l Ass’n tobacco products, and 14-308 (2019) (emphasis of Tobacco electronic cigarette added). Outlets, Inc. v. cartridges; provided, however, City of Providence, “Flavored tobacco product that such term shall not No. CA 12-96- means any tobacco product include: (1) Cigarettes, ML, 2012 WL or any component part including those cigarettes 6128707, at *13 thereof that contains a subject to the special rule (D.R.I. 2012), constituent that imparts a for cigarettes relating to aff’d. Nat’l Ass’n characterizing flavor.” characterizing flavors of the of Tobacco Federal Family Smoking and Providence, R.I., Code § Outlets, Inc. v. City Tobacco Prevention Act … ” 14-308 (2019) (emphasis of Providence, R.I., added). Providence, R.I., Code § 731 F.3d 71 (1st 14-308 (2019) (emphasis Cir. 2013). added).
www.publichealthlawcenter.org Rhode Island U.S. Sales Restrictions on Flavored Tobacco Products 53 April 2020
Jurisdiction / Rhode Island / Woonsocket
Flavor prohibited? Menthol prohibited? E-cigs included? Exemption for certain retailers? Case law
Yes No Yes Yes (likely) No “No licensee, or employee A “characterizing flavor” is The definition of tobacco “This subsection (f) shall or agent of such licensee, defined as “a distinguishable products includes “any not apply to the following shall sell any flavored taste or aroma, other than the electronic device that businesses: 1. a smoking bar product to a consumer.” taste or aroma of tobacco, delivers nicotine or other … 2. a retail store … 3. an menthol, mint or wintergreen substances to the person electronic smoking device Woonsocket, R.I. Code, Ch. … ” inhaling from the device, establishment. Woonsocket, 13, Tobacco sec. 6(3)(a) including, but not limited to, R.I. Code, Ch. 13, Tobacco sec. (2020). Woonsocket, R.I. Code, Ch. an electronic cigarette, cigar, (6) (2020) (The reference to 13, Tobacco sec. (2) (2020). pipe, or hookah.” subsection (f) appears to be an error. It likely was intended Woonsocket, R.I. Code, Ch. to be subsection (e), the 13, Tobacco sec. (2) (2020). prohibition on sale of flavored tobacco products)
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 54 April 2020
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)
{ Berkeley, CA { Livermore, CA { Sacramento, CA { Yolo County, CA (only in unincorporated parts { Burbank, CA { Long Beach, CA { Saint Louis Park, MN of the county, but see
{ Cupertino, CA { Marin County, CA { San Francisco, CA also Woodland, CA, and Davis, CA, adopting { Delano, CA { Oakland, CA { Santa Cruz, CA restrictions by reference)
{ Jersey City, NH { Palo Alto, CA (exempts { Santa Maria, CA { Yonkers, NY tobacco flavor) { Laguna Niguel, CA { Watsonville, CA
Comprehensive with retailer exemption (jurisdiction-wide ban, menthol prohibited, e-cigarettes included, certain retailers exempt)
{ Massachusetts { Framingham, MA { Santa Clara County, { Somerville, MA CA (applies only to { Boston, MA { Minneapolis, MN { South San Francisco, CA unincorporated parts
{ Boulder, CO { Philadelphia, PA of the county, but Los Gatos, CA has its own { Duluth, MN { Saint Paul, MN flavor sales restrictions)
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 55 April 2020
Buffer zone restriction (flavor sales prohibited around buffer zone, menthol prohibited, e-cigarettes included)
{ Chicago, IL { Contra Costa county, no { Hayward, CA exemption for (exemption for County, CA (only exemption for (conventional certain retailers) certain retailers) in unincorporated retailers) cigarettes parts of the excluded,
Flavor restriction excluding menthol, with retailer exemption (jurisdiction-wide ban, menthol allowed, e-cigarettes included, exemption for retailers)
{ Cambridge, MA { Malden, MA { Newton, MA { Providence, RI { Woonsocket, RI (conventional { Lowell, MA { Medford, MA { Peabody, MA cigarettes
{ Lynn, MA { Melrose, MA { Worcester, MA excluded)
Flavor restriction excluding menthol, with no retailer exemption (jurisdiction-wide ban, menthol allowed, e-cigarettes included, no retailer exemption)
{ Brookline, MA
Other
{ New Jersey (state-wide ban on flavored e-cigarettes, including menthol flavor, takes effect April 2020)
{ New York City (city-wide ban of flavored e-cigarettes, including menthol flavor, takes effect July 2020; city-wide ban of flavored tobacco products (except menthol), conventional cigarettes not included, certain retailers exempt)
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 56 April 2020
This publication was prepared by the Public Health Law Center at Mitchell Hamline School of Law, Saint Paul, Minnesota. The Center provides information and technical assistance on law and policy issues related to public health. The Center does not provide legal advices and does not enter into attorney-client relationship. This document should not be considered legal advice. The Public Health Law Center thanks research assistants Arielle Sloan and Marcus Jardine and policy analyst Tracy Sides 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. The chart focuses on cities with a population over 40,000 and all counties we are aware of that prohibit flavored tobacco products. Other cities that have flavored tobacco prohibitions but smaller populations include: Culver City, CA; West Hollywood, CA; Manhattan Beach, CA; Beverly Hills, CA; Menlo Park, CA; Los Gatos, CA; Shoreview, MN; Imperial Beach, CA; El Cerrito, CA; Oroville, CA; Central Falls, RI; Mendota Heights, MN; Arden Hills, MN; Lilydale, MN. South Miami, FL, also has an interesting flavored tobacco sales law outside of a licensing section, South Miami, Fla., Code § 12-16 (2019). In Massachusetts, almost 100 municipalities, including many with populations below our 40,000 cutoff, also have sales restrictions on flavored cigarettes. See “Local Policy Restricting Flavored Tobacco and Vape Products To Adult-Only ‘Retail Tobacco Stores’,” Municipal Tobacco Control Technical Assistance Program, Mass. Municipal Assoc., https://mhoa.com/wp-content/uploads/2019/07/Muni-List-Flavored-OTP-Restriction-C759-1.pdf (last updated July 2019). For three Massachusetts jurisdictions — Haverhill, Brockton, and Methuen — we were unable to obtain the local regulations to analyze them. The jurisdictions not included in this chart 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 For purposes of this table, the term “e-cigs” refers to any electronic nicotine delivery device. 3 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) (2019). It should also be noted that some cities and counties may be in the process of adopting flavored tobacco sales restrictions. For more information about upcoming ordinances in your area, please contact the Public Health Law Center.
www.publichealthlawcenter.org U.S. Sales Restrictions on Flavored Tobacco Products 57