State Legislatures Move to Ban Flavored Tobacco and Nicotine Products

Several state legislatures are considering or have passed bills to ban the sale of flavored tobacco and nicotine products, including menthol cigarettes and flavored e-cigarettes. The bills aim to reduce the appeal and the use of these products, especially among youth and minority groups. However, the bills also face opposition and challenges from the tobacco industry and some retailers and consumers.

The proponents of the flavor bans argue that flavored tobacco and nicotine products are harmful to public health, as they attract and addict new users, particularly young people and people of color. According to the Centers for Disease Control and Prevention (CDC), more than 80% of youth who have ever used tobacco products started with a flavored product, and more than half of current youth tobacco users use flavored products. The CDC also reports that menthol cigarettes are disproportionately used by Black, Hispanic, and LGBTQ smokers, and that menthol makes it harder to quit smoking.

The proponents of the flavor bans also claim that flavored tobacco and nicotine products undermine the efforts to prevent and reduce tobacco use, and that they contribute to the health disparities and the social inequities caused by tobacco. They cite the evidence from other jurisdictions, such as Canada, the European Union, and some U.S. cities and states, that have implemented flavor bans and have seen positive results, such as lower smoking rates, fewer youth initiations, and more quit attempts .

The Status of the Flavor Bans in the States

During the 2023 legislative sessions, several states have introduced or passed bills to ban the sale of flavored tobacco and nicotine products. Some of the bills apply to all tobacco and nicotine products, while others target specific categories, such as e-cigarettes, smokeless tobacco, or cigars. Some of the bills also include exemptions or exceptions, such as allowing the sale of flavored products in adult-only establishments, or allowing the sale of certain flavors, such as tobacco, mint, or menthol.

According to the Campaign for Tobacco-Free Kids, a leading advocacy group for the flavor bans, as of February 2024, seven states have enacted laws to ban the sale of flavored tobacco and nicotine products: California, Massachusetts, New Jersey, New York, Rhode Island, Vermont, and Washington. However, some of these laws are not yet in effect, or are facing legal challenges from the tobacco industry or other groups.

In addition, seven states have introduced legislation to ban flavored tobacco and nicotine products in 2024: Hawaii, Maine, Maryland, Michigan, Minnesota, New Mexico, and Oregon. Some of these bills have already passed one chamber of the legislature, while others are still pending in committees. The fate of these bills will depend on the political dynamics and the public opinion in each state.

The Opposition and the Challenges to the Flavor Bans

The flavor bans are not without controversy and opposition, as they face resistance and criticism from the tobacco industry and some retailers and consumers. The opponents of the flavor bans argue that flavored tobacco and nicotine products are legal and legitimate products, and that adults have the right and the freedom to choose and use them. They also contend that flavor bans are ineffective and counterproductive, as they will create a black market, harm small businesses, reduce tax revenue, and infringe on personal liberties.

The opponents of the flavor bans also challenge the scientific and ethical basis of the bans, and question the motives and the credibility of the proponents. They claim that there is not enough evidence to support the claims that flavored tobacco and nicotine products are more harmful or addictive than non-flavored products, or that they are the main driver of youth tobacco use. They also accuse the proponents of the bans of being biased, ideological, or paternalistic, and of ignoring or dismissing the views and the preferences of the affected groups and individuals.

The opponents of the flavor bans have also taken legal and political actions to stop or overturn the bans, such as filing lawsuits, launching referendums, or lobbying legislators. For example, in California, the tobacco industry and some retailers have gathered enough signatures to put the flavor ban law to a statewide vote in the November 2024 ballot, which could delay or repeal the law. In other states, such as Ohio and Florida, the tobacco industry and some lawmakers have pushed for bills that would preempt local governments from enacting flavor bans or other tobacco regulations .