Flavored tobacco policy resource center

Local flavored tobacco policies (As of March 31, 2024)

5/23/24

This resource presents a quarterly breakdown on the current state of U.S. jurisdictions with policies on flavored tobacco products.

Reframing social media discourse following the FDA’s menthol ban announcement as industry agenda setting rather than public sentiment

7/26/24

Online discussion framing menthol bans as avenues for racialized discrimination were unlikely to come from organic Black accounts. Subreddits dedicated to Black issues and culture had almost no discussion about menthol bans leading to racial violence. This points to the likelihood that such narratives are pushed by the tobacco industry rather than a genuine concern coming from the Black community.

Examining the Relationship of Flavored Tobacco Product Policy Restrictions and Flavored Tobacco Product Use, among Adolescents and Young Adults in the U.S.

5/1/24

A survey of over 10,000 teens and young adults showed that areas with restrictions on flavored tobacco products had lower overall use rates. The reduction of tobacco use rates was seen most prominently in Hispanic survey respondents.

Widespread Misperceptions Among US Adults About Tobacco Company Engagement in Black and African American Communities

5/2/24

Survey respondents indicated low awareness of tobacco industry tactics, especially the targeting of Black communities. They also showed high rates of belief in tobacco industry disinformation about menthol.

Cardiovascular Health Effects and Synthetic Cooling Agents in E-cigarettes Labeled as “clear” Marketing in Massachusetts After the Tobacco Product Flavoring Ban

4/19/24

Study participants who used “clear” e-cigarettes had higher heart rates and blood pressure than those who had used regular flavored e-cigarettes and those who did not use e-cigarettes. Chemical analysis shows that “clear” e-cigarettes contain synthetic coolants as well as menthol and flavorings that were banned.

The Impact of Menthol Cigarette Bans: A Systematic Review and Meta- Analysis 

2/21/24

Data pooled from a variety of studies indicates that menthol bans cause 24% of menthol smokers to quit smoking entirely. National bans were more effective than localized bans.

The Effects of Tobacco Flavor Restrictions on Tobacco Retail Businesses

10/1/2023

Analysis of tobacco stores and convenience stores in Massachusetts compared to neighboring states found that restrictions on flavored tobacco products did not have a negative financial impact on the businesses. Researchers analyzed the number of stores, the number of employees, and the wages paid to employees and found that businesses were able to adapt to the restriction policies the state passed in 2019.

Examining the Comprehensiveness of Amended Flavored Tobacco Product Sales Restrictions

9/1/2023

In the last decade, several local jurisdictions have implemented policies intended to curb flavored tobacco sales. Some of these policies prove to not be adequately comprehensive to achieve this and so are amended to broaden their reach. In this research article, Truth researchers investigate to what degree and in what direction these amendments affected the scope of flavored tobacco sales restrictions.

The effect of state and local flavored cigar sales restrictions, on retail sales of large cigars, cigarillos and little cigars in Massachusetts, California, Illinois, and New York

7/15/2023

A review of sales data from states that enacted flavored cigar bans found increasing population coverage by cigar sales restrictions is significantly associated with decreases in per capita cigar sales, implying that restrictions on flavored combustible tobacco products still on the market largely accomplish their goal of decreasing use.

Trends in US E-cigarette Sales and Prices by Nicotine Strength, Overall, and by Product and Flavor Type, 2017-2022

12/29/2022

Investigators examined e-cigarette sales in the U.S. between January 2017 and March 2022. They found that the unit share of products with over 5% nicotine increased exponentially, and by the end of March nearly 90% of sales were of high nicotine strength products. Findings indicate that limiting the strength of nicotine in vaping devices could be a viable pathway to reducing underage access and use.

Teens Less Susceptible to Vaping When Restricted to Tobacco-Flavored E-cigarettes: Implications for Flavored Tobacco Policies

12/1/2022

Researchers surveyed a sample of Minnesota teens about their e-cigarette use, symptoms of dependence, and their inclination to use e-cigarettes depending on flavor. They found that the percentage of teens who were susceptible to using e-cigarettes was significantly lower when the flavor available was restricted. The likelihood of e-cigarette use was significantly lowered when flavors were restricted to tobacco and menthol flavors.

The impact of two state-level approaches to restricting the sale of flavored tobacco products

9/22/2022

While Massachusetts' comprehensive flavored tobacco policy reduced flavored tobacco product sales significantly, New Jersey only saw a significant decrease in per capita sales of menthol-flavored e-cigarettes and saw cigar sales in "other" flavors nearly quadruple after implementing its partial flavored tobacco product sales restriction.

Impact of Massachusetts law prohibiting flavored tobacco products sales on cross-border cigarette sales

9/13/2022

The Massachusetts law prohibiting the sale of all flavored tobacco products, including menthol, in June 2020 had no significant impact on cigarette sales in bordering states that did not have such policies in place.

Flavored Tobacco Sales Restrictions Reduce Tobacco Product Availability and Retailer Advertising

3/15/2022

While Massachusetts' comprehensive flavored tobacco policy reduced flavored tobacco product sales significantly, New Jersey only saw a significant decrease in per capita sales of menthol-flavored e-cigarettes and saw cigar sales in "other" flavors nearly quadruple after implementing its partial flavored tobacco product sales restriction.

Evaluation of Statewide Restrictions on Flavored E-Cigarette Sales in the US from 2014 to 2020

2/10/2022

A review of e-cigarette retail sales from 2014 to 2020 found that state restrictions on the sale of flavored e-cigarettes in Massachusetts, New York, Rhode Island, and Washington saw a reduction in total e-cigarette sales.

Identifying best practices in adoption, implementation and enforcement of flavoured tobacco product restrictions and bans: lessons from experts

12/19/2021

Flavored tobacco policies are an invaluable tool for reducing tobacco sales and combatting youth tobacco use. There are several steps to crafting an effective restriction or prohibition and in this research article, the authors review and outline the best practices for creating, enacting, and enforcing effective flavored tobacco sanctions.

White House Decision Not to Issue Final Menthol Rule Represents Huge Loss for Public Health, Social Justice

4/26/2024

The White House’s announcement that it would delay the decision to ban menthol in cigarettes represents a failure to protect public health and save lives. The burden of menthol-related tobacco deaths especially affects young people, the LGBTQ+ community, and Black Americans.

Young people urge White House to take action on menthol

4/17/2024

Young people across the country united for truth’s annual Moment of Action, which this year focused on urging the White House to finalize the Food and Drug Administration’s (FDA) proposed rules on menthol cigarettes and flavored cigars. 

Menthol: Facts, stats and regulations

1/23/2024

A comprehensive factsheet details the history, marketing, health effects, patterns of use, and policy environment of menthol tobacco products.

Why ending menthol cigarette sales would benefit disproportionally affected groups

11/21/2023

Restricting the sale of menthol cigarettes would specifically promote positive changes in health equity for various marginalized groups. The article describes the vulnerabilities of members of racial/ethnic minority groups, women, the LGBT community, and those suffering from mental illness to the perils of targeting by the tobacco industry.

Truth initiative applauds FDA issuing marketing denial orders for flavored Vuse Alto products

10/13/2023

In October 2023, the FDA issued marketing denial orders for six R.J. Reynolds Vapor Company’s Vuse Alto brand flavored e-cigarette products, including three menthol-flavored varieties. Because Vuse e-cigarettes are the second most commonly reported e-cigarette brand used by U.S. youth since 2021, the decision is a strong move in favor of public health.

What is Zyn and what are oral nicotine pouches?

5/23/2023

The popularity of combustible tobacco products like cigarettes is on the decline, especially among youth. Brands Zyn, Velo and On! are capitalizing on the increasing popularity of “smokeless tobacco” boasting oral pouches filled with anywhere between 1.5 and 12mg of nicotine powder. These products are not well-regulated and are available in an array of youth-appealing flavors.

FDA’s Latest Marketing Denial Order for Menthol E-Cigarette Products Underscores Its Continued Commitment to Sound Science

3/17/2023

The FDA’s latest decision to issue marketing denial orders for two R.J. Reynolds Vapor Company’s Vuse Solo brand menthol cartridges builds on earlier marketing denials for Vuse Vibe Tank Menthol 3.0% and Vuse Ciro Cartridge Menthol 1.5%. The decision highlights the FDA’s commitment to consistent action on regulating flavored e-cigarettes and protecting youth from highly addictive, menthol-flavored e-cigarettes.

3 lessons on preventing loopholes in flavored tobacco restrictions

7/6/2022

To prevent loopholes in the FDA’s proposed rules to remove menthol and flavored cigars from the market, the FDA’s rules should include (1) swift finalization and implementation, (2) comprehensive rules to block engineering and marketing tactics, and (3) no exemptions or substitutions to the rules against menthol and flavored cigars, which should also be implemented closely together.

Facilitators and Barriers to Passing Local Policies That Prohibit the Sale of Flavored Tobacco Products: Qualitative Analysis of Strategies Implemented by 36 Communities in California, 2017–2021

5/30/24

Researchers analyzed flavor policies across 36 localities in California to determine which factors were more likely to lead to successful outcomes. Common factors of success included youth involvement and data sharing, while barriers included political climates and extreme weather disasters.

CDCF Data Brief – Changes in US and State Cigarette Sales Following Flavored Tobacco Sales Restrictions (2018-2023)

5/24

Cigarette sales have declined over a 6 year period, especially in states with comprehensive flavored tobacco restrictions. States that only restricted sales of flavored e-cigarettes saw a decline in sales that was more modest than sales in states with comprehensive restrictions.

Massachusetts

Early evidence of flavored tobacco product restrictions in Massachusetts and New York State

10/24/2023

Researchers report that restrictions on the sale of flavored e-cigarettes in Massachusetts and New York State resulted in significantly reduced sales over the 9 month survey period. The study provides strong evidence that the restriction of flavored tobacco products is a vital step in reducing nicotine addiction, especially among young people.

Evaluation of a Statewide Flavored Tobacco Restriction on Use, Access, and Cessation Among Black and White Tobacco Users in Massachusetts

6/9/2023

Tobacco industry marketing has historically targeted Black American tobacco users with menthol flavored products. This study examines the impact of statewide restrictions on flavored tobacco users in Massachusetts and assess possible disparities in policy impact between Black and White tobacco users.

Impact of Restricting the Sale of Flavored Tobacco Products: The Massachusetts Experience

4/4/2023

In 2019, Massachusetts restricted the sale of all flavored tobacco products, including menthol; limited the sale of e-cigarettes with high nicotine products and introduced a 75% wholesale tax on e-cigarettes. To date, the ordinances have reduced youth cigarette smoking and e-cigarette use by 1.4% and 14.4%, respectively. Adult smoking rates also decreased by an additional percentage point compared to states without flavored tobacco restrictions.

Flavored Tobacco Sales Restrictions: Promising Evidence for Reducing Youth Access and Tobacco Use

3/29/2023

In 2019, Massachusetts became the first state to ban the sale of all flavored tobacco products. In total 360 localities, including 4 other states, across the United States have developed legislation restricting the sale of flavored tobacco products; 170 of these localities have also restricted the sale of menthol cigarettes.

As New York debates flavored tobacco ban, this Massachusetts law shows promise

3/25/2023

After becoming the first state to ban flavored tobacco products in 2019, Massachusetts saw declines in overall adult smoking rates and sales of e-cigarettes and cigarettes. Border states without flavored tobacco bans have not seen a considerable increase in sales, Massachusetts tobacco retailers did not close and citizens have not faced more police interaction as a result, despite dire predictions from the tobacco industry. Evidence from Massachusetts provides insights for other states like NY that are considering similar restrictions.

Illinois

Changes in Retail Tobacco Product Availability Following a Chicago City Ordinance Restricting Sales of Menthol and Other Flavored Tobacco Products Near Schools

5/11/2023

In Chicago, retailers are not permitted to sell flavored tobacco products if they are located within 500 feet of any public, private, or alternative K-12 school. While proactive policies like this aim to reduce youth access and exposure to tobacco, retailer compliance is another story. Researchers examine availability of flavored tobacco among retailers subject to restriction compared to those that are not to assess changes following policy implementation.

California

Proliferation of ‘non-menthol’ cigarettes amid a statewide flavour ban

7/5/2023

Cigarettes in California are being marketed as “cooling” and “the non-menthol for menthol smokers” since the state banned the sale of flavored tobacco products including menthol in 2020.

Implementation of a comprehensive flavored tobacco product sales restriction and retail tobacco sales

11/30/2022

The City of San Francisco has enacted a comprehensive flavored tobacco product restriction applicable to all flavors, all retailers, and all tobacco products without any exemption. This study compares tobacco sales in San Francisco and two cities without restrictions, San Jose and San Diego, to assess the impact of this all-inclusive policy on overall tobacco sales.

Minnesota

Youth Perspectives on Menthol Sales Restrictions in Minneapolis and Duluth, Minnesota

10/19/2022

After Minneapolis and Duluth, Minnesota restricted the sale of menthol tobacco products in 2018 to advance health equity in communities adversely affected by menthol, researchers ran focus groups with 14-17-year-olds recruited from community-based organizations that work with LGBTQ youth and youth of color to determine impact of the policies. Youth reported that many tobacco users in their age group obtain tobacco informally through peers, family members, and online and that e-cigarettes and online advertising were more significant issues than retail advertising for their age group.

Expanding local sales restrictions on flavored tobacco products to include menthol: retail sales changes in two Minnesota cities

7/28/2022

An expansion of local sales restrictions in Minneapolis and St. Paul Minnesota to prohibit menthol flavors led to decreases in unit sales of menthol cigarettes and menthol smokeless tobacco in both cities. Total unit sales of all tobacco products were also reduced significantly but observed increases in sales of menthol and flavored e-cigarettes points to a need for further retailer education and policy enforcement.

New York

Changes in Sales of Vaping Products and Cigarettes Associated With the New York State Flavored Vaping Product Sales Restriction

9/2/2023

This study looked at sales of vaping products after New York implemented a statewide restriction on the retail sale of flavored vaping products to reduce availability of vaping products with youth-appealing flavors in 2020. The flavored vaping product policy was associated with fewer sales of flavored and total vaping products, indicating NY’s policy had its intended effect with limited unintended consequences.

CDC State Menthol Fact Sheets

2/23/24

State Menthol Fact Sheets are available for all 50 states and the District of Columbia.

African American Tobacco Control Leadership Council

AATCLC educates the public about the effects of tobacco on the Black community by highlighting the predatory marketing tactics employed by the tobacco industry and emphasizing the need to regulate all flavored tobacco products (including menthol). Resources include videos, news updates and a curriculum (by request) on the history of tobacco industry influence on Black Lives and Black Lungs.

The Center for Black Health & Equity

CFBH works to facilitate the implementation and promotion of comprehensive policies, community-led programs and culturally competent public health campaigns that benefit people of African descent. This resource provides fact sheets, reports, podcasts and social media creatives that focus on issues ranging from tobacco control to health disparities that disproportionately impact the black community such as diabetes, heart disease and mental health.

Public Health Law Center

The Public Health Law Center, a national public interest legal resource center dedicated to improving health through the power of law and policy, provides a number of resources on regulating flavored commercial tobacco products at the federal, state, and local levels, including policy considerations for addressing menthol tobacco products, examples from select U.S. jurisdictions that restrict the sale of flavored tobacco products, and practical guides on adopting and implementing flavored tobacco product policies.

Campaign for Tobacco-Free Kids

CTFK is the leading advocacy organization working to reduce tobacco use and its deadly consequences in the United States and around the world. This site includes a searchable CTFK library of U.S. Resources by state or issue, including fact sheets on fighting flavored tobacco on both the federal and state/local levels.

National Native Network 

The National Native Network provides a forum for tribal organizations and American Indian/Alaska Native stakeholders to obtain and disseminate evidence-based and culturally relevant resources that aim to decrease tobacco-related health disparities among American Indian/Alaska Native communities across North America. Resources also include best practice tools for commercial tobacco and cancer prevention and control programs, and technical assistance in policy implementation, enforcement, and evaluation.

National Indian Health Board

The National Indian Health Board is a national non-profit organization established by tribes, that represents tribal governments by providing the tribal perspective on Capitol Hill related to federal legislation and regulations. They provide a number of resources to tribes, tribal organizations, federal agencies, and private foundations such as advocacy, policy formation and analysis, legislative and regulatory tracking, research on Indian health issues, program development and assessment, and training and technical assistance.

CDC Foundation

The CDC Foundation’s Monitoring E-Cigarette Use Among Youth project aims to augment existing national- and state-level surveillance activities related to youth tobacco product use in the US. The project includes several aims with available resources.

Centers for Disease Control and Prevention, Office on Smoking and Health Summary of Scientific Evidence: Flavored Tobacco Products, Including Menthol

This resource provides information on the health risks associated with tobacco use, highlights the impact of flavored tobacco products on targeted groups, and outlines the developing legislation aimed at restricting the sale of flavored tobacco products.