Massachusetts Statewide Rule
Massachusetts Flavored Tobacco Ban Statewide Under Chapter 270
Key Facts
- First state to
- First state to ban menthol cigarettes
- Effective June 1,
- Effective June 1, 2020
- Includes all flavored
- Includes all flavored tobacco categories
- Smoking bar on-premises
- Smoking bar on-premises exception only
- Strict enforcement with
- Strict enforcement with retailer fines
Summary
Massachusetts became the first state to ban all flavored tobacco products, including menthol cigarettes and flavored vapes, under M.G.L. c. 270 § 28, effective June 1, 2020.
(b) No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed, offer for sale any flavored tobacco product or tobacco product flavor enhancer in any retail establishment, online or through any other means to any consumer in the commonwealth; provided, however, that this subsection shall not apply to the sale or distribution by a smoking bar, as defined in section 22, of flavored tobacco products or tobacco product flavor enhancers for on-site consumption. No person, retailer or manufacturer shall market or advertise a proposed sale or distribution that is prohibited herein.
Full Breakdown
Massachusetts enacted a comprehensive flavored tobacco ban in November 2019, with retail implementation on June 1, 2020, codified at M.G.L. c. 270 § 28. The law prohibits sale of any flavored tobacco product, including menthol cigarettes, flavored cigars, flavored smokeless tobacco, and flavored e-cigarettes. The only exception lets licensed smoking bars sell flavored products for on-premises consumption. The ban survived court challenges and became the model for similar laws in other states. Retailers must remove all flavored products from inventory and signage.
Violations & Penalties
Sale of flavored tobacco products carries fines of $1,000 to $5,000 per violation plus license suspension and seizure of contraband inventory under Department of Revenue and DPH rules.
Frequently Asked Questions
Are menthol cigarettes legal in Massachusetts?
Can I drive to New Hampshire to buy flavored tobacco?
Sources
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