2019 Tobacco Control Law (2022)

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Learn more about the 2019 Tobacco Control Law and restrictions on the sale of nicotine vaping and flavored vaping and tobacco products.

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New tobacco control law

(Video) A Decade of the Tobacco Control Act: Progress, Setbacks, and the Future of the Tobacco Control Act

On December 11, 2019, the state’s Public Health Council approved new regulations that restrict the sale of nicotine vaping and flavored vaping and tobacco products. This action follows the Legislature passing and Governor Charlie Baker signing into law An Act Modernizing Tobacco Control, which provided the Massachusetts Department of Public Health with additional authority to regulate access to tobacco and electronic nicotine delivery systems, including vapes. With the actions taken December 11th, the Governor’s temporary statewide ban on the sale of tobacco and vape products in place since September is no longer in effect.

Effective immediately, the new law places the following restrictions:

  1. Retail stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets, are restricted to the sale of non-flavored nicotine products with a nicotine content of 35 milligrams per milliliter or less.
  2. The sale of non-flavored nicotine vaping products (with a nicotine content over 35 milligrams per milliliter) is restricted to licensed, adult-only retail tobacco stores and smoking bars.
  3. The sale and consumption of all flavored nicotine vaping products may only occur within licensed smoking bars.

On Wednesday February 12, 2020 the Public Health Council (PHC) voted to finalize the promulgation of 105 CMR 665 and those changes will take effect March 6, 2020. In the interim, the emergency regulations will remain in effect. Local boards of health have enforcement authority for provisions of the regulations summarized in the BOH Informational Letter: 105 CMR 665

Beginning June 1, 2020, the sale of flavored combustible cigarettes and other tobacco products, including menthol cigarettes and flavored chewing tobacco, will be restricted to licensed smoking bars where they may be sold only for on-site consumption. Also taking effect on June 1st is the addition of a 75 percent excise tax on the wholesale price of nicotine vaping products, in addition to the state’s 6.25 percent sales tax.

To learn more, view the DPHpress release: Public Health Council Approves Regulations Restricting Access to Vaping and Tobacco Products.

Key Actions for New tobacco control law

View 105 CMR 665

What's sold where?

Where and what tobacco products can be sold in Massachusetts per 105 CMR 665:
ProductNon-Age Restricted Retail Establishments
(such asconvenience stores, gas stations, liquor stores)
Adult-Only Tobcco Retail Store
(21+)
Smoking Bars
(21+)
Cigarettes
(Including menthol)
x*x*x
Cigars
(Including flavors, unless city/town has a flavored product restriction in place)
x*x*x
Other tobacco Products, EXCLUDING e-cigarettes
(Including flavors, unless city/town has a flavored product restriction in place)
x*x*x
Unflavorede-cigarettes with nicotine content 35 mg/mL or lessxxx
Unflavorede-cigarettes with nicotine content over 35 mg/mLxx
Flavorede-cigarettes with any strength nicotine contentx

x = can be sold

*Beginning June 1, 2020, flavored cigarettes, cigars and other tobacco products may only be purchased in smoking bars

(Video) Strengthening tobacco control

Download this chart as a PDF.

Information for retailers

Guidance for Non-Age-Restricted Retail Establishments

Posted please find guidance for the documentation that a tobacco product or electronic nicotine delivery system does not contain a characterizing flavor, and for the documentation of nicotine content in electronic delivery systems. Questions can be directed to Patricia Henley, Director, Massachusetts Tobacco Cessation and Prevention Program at patricia.henley@mass.gov.

The Massachusetts Department of Public Health (DPH) has promulgated an emergency regulation, 105 CMR 665, to implement certain sections of a new state law: An Act Modernizing Tobacco Control. This regulation took effect on December 11, 2019. As a result, there are important new requirements for retail establishments that sell tobacco products, including e-cigarettes. These requirements differ depending on the type of retail establishment, so please read the statute, the regulation, and this information carefully.

Under this regulation, a non-age-restricted retail establishment is one that holds a Massachusetts Department of Revenue license for the sale of tobacco products, but does not restrict entry to people under the age of 21. These include, but are not limited to, convenience stores, gas stations, liquor stores, bodegas, supermarkets and other similar businesses.

Non-age-restricted retail establishments:

  • Cannot sell any tobacco products, including cigarettes and e-cigarettes to anyone under the minimum legal sales age.
  • Cannot sell any flavored electronic nicotine delivery systems such as flavored e-cigarettes and flavored vaping products.
  • Cannot sell electronic nicotine delivery systems with nicotine content greater than 35 milligrams per milliliter.
  • Cannot advertise tobacco products that they cannot sell, use fraudulent or misleading statements in advertising, or display advertisements with celebrities, cartoons or similar endorsements.
  • Can sell non-flavored electronic nicotine delivery systems with nicotine content 35 milligrams or less per milliliter.
    • Must maintain records obtained by the manufacturer that validate the nicotine content of electronic nicotine delivery systems available for sale on the premises.
      • This documentation may be provided to the retailer by a distributer, but must have originally come from the manufacturer.
  • Must keep all tobacco products, including cigarettes and e-cigarettes, for sale behind the counter where sales are made, out of reach of consumers and not on the counter.
  • Must display all of the following signs in plain view by a person standing at the cash register (establishments must use the signs developed and provided by DPH):
    • The text of Massachusetts General Law Chapter 270, Sections 6 and 6A
    • A statement that the sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age is prohibited
    • Notice that the sale of flavored electronic nicotine delivery systems is prohibited
    • A warning about the health impacts of vaping
    • Information on tobacco cessation services

This information is provided to assist individuals in complying with a state regulation related to the operation of a non-age restricted retail tobacco establishments. This is a summary, only, and not the full text of the regulation.

Guidance for Retail Tobacco Stores

Posted please find guidance for the documentation that a tobacco product or electronic nicotine delivery system does not contain a characterizing flavor.Questions can be directed to Patricia Henley, Director, Massachusetts Tobacco Cessation and Prevention Program at patricia.henley@mass.gov

The Massachusetts Department of Public Health (DPH) has promulgated an emergency regulation, 105 CMR 665, to implement certain sections of a new state law: An Act Modernizing Tobacco Control. This regulation took effect on December 11, 2019. As a result, there are important new requirements for retail establishments that sell tobacco products, including e-cigarettes. These requirements differ depending on what kind of retail establishment you work with, so please read the statute, the regulation, and this information carefully.

Under this regulation, Retail Tobacco Stores are retail establishments whose primary purpose is the sale of tobacco products and paraphernalia, and who restrict the entry for people under the age of 21. These include tobacconists, smoke shops, and vape shops.

Additional information regarding the taxation elements of the new law will be forthcoming from the Department of Revenue.

Retail Tobacco Stores:

  • Must have a municipal permit for sale or distribution of tobacco products, unless in operation before December 11, 2019 in a municipality that has not previously required a permit for operation.
  • Cannot sell any tobacco products, including cigarettes and e-cigarettes to anyone under the minimum legal sales age.
  • Cannot sell any flavored electronic nicotine delivery system, such as flavored e-cigarettes and flavored vaping products.
  • Cannot advertise tobacco products that they cannot sell, use fraudulent or misleading statements in advertising, or display advertisements with celebrities, cartoons or similar endorsements.
  • Must display all of the following signs in plain view by a person standing at the cash register (establishments must usethe signs developed and provided by DPH):
    • The text of Massachusetts General Law Chapter 270, Sections 6 and 6A
    • A statement that the sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age is prohibited
    • Notice that the sale of flavored electronic nicotine delivery systems is prohibited.
    • A warning about the health impacts of vaping
    • Information on tobacco cessation services
  • Must display the following signs on the exterior of the entrance door (establishments must use the signs developed and provided by DPH):
    • A warning that smoking and vaping may be present on the premises
    • Information concerning the health risks of second hand smoke and vaping
    • A statement that no person under the age of 21 is allowed on the premises at any time

This information is provided to assist individuals in complying with a state regulation related to the operation of a retail tobacco store. This is a summary, only, and not the full text of the regulation.

Download as a PDF: Tobacco Retailer Guidance 105 CMR 665

Signs Required in Massachusetts Tobacco Retail Establishments by 105 CMR 665

New signs are available to order or download. Signs noted with an asterisk (*) are already required by state law.

Sign

Convenience Stores/Gas Stations with a Retail Tobacco LicenseAdult-Only Tobcco Retail Store
(21+)
Smoking Bars
(21+)
Minimum Legal Sales Age*xxx
State Law (MGL ch 270, sections 6 and 6A)xxx
Referral Information for Smoking Cessation Resources*xxx
Health Warning for E-Cigarettesxxx
Sale of Flavored E-Cigarettes is Prohibitedxx
Must be 21 + to Enterxx
Exterior notice of smoking/vaping insidex**x

x = required

**The finalized regulation 105 CMR 665 requires only those retail tobacco stores that allow on-site consumption post signage warning of possible smoking, vaping, or tobacco product use onsite.

(Video) FDA Center for Tobacco Products: Celebrating 10 Years of the Tobacco Control Act

Download this chart as a PDF.

Key Actions for Information for retailers

Signs Required in Massachusetts Tobacco Retail Establishments Tobacco Retailer Guidance 105 CMR 665 (PDF) DPH Letter to Retailers, December 2019

Additional Resources for Information for retailers

Open DOC file, 47.5 KB, for DPH Flavor Guidance Letter 1 2021 (DOC 47.5 KB)

Open DOC file, 47 KB, for Retailer ENDS Guidance Letter 1 2021 (DOC 47 KB)

Information for local boards of health

On Wednesday February 12, 2020 the Public Health Council (PHC) voted to finalize the promulgation of 105 CMR 665 and those changes will take effect March 6, 2020. In the interim, the emergency regulations will remain in effect.Local boards of health have enforcement authority for provisions of the regulations.The changes to 105 CMR 665 are summarized in the BOH Informational Letter: 105 CMR 665.

Key Actions for Information for local boards of health

BOH Informational Letter: 105 CMR 665 BOH Informational Letter: Modernizing Tobacco Control Retailer Inspection Form

E-cigarette/Vaping-Associated Lung Injury (EVALI)

There is a multistate outbreak of severe lung disease associated with the use of vaping including but not limited to e-cigarettes. The investigation has not yet identified any specific e-cigarette or vaping product or substance that is linked to all cases. The only common factor that is linked to all cases is a history of e-cigarette use and vaping. In Massachusetts, potential and probable cases have been coming into the Public Health State Lab since this lung disease was made a reportable condition on September 11, 2019. These cases continue to be investigated here in Massachusetts and nationally by the Centers for Disease Control and Prevention (CDC).

View national information from the CDC:Outbreak of Lung Injury Associated with E-Cigarette Use, or Vaping.

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Key Actions for Information about EVALI

E-cigarette/Vaping-Associated Lung Injury (EVALI) Update Reports E-cigarette/Vaping-Associated Lung Injury (EVALI) Product Report

Get help quitting

TheMassachusetts Tobacco Cessation and Prevention Programprovides information and resources that can to help as youattempt to quit.

There are medicines which can improve your chances of quitting.MassHealth covers these FDA-approved medicines, and many other plans offer them for free or at low cost with a prescription.

If you have a child under the age of 18 who might need help quitting, talk to their pediatrician about whether a prescription for one of these quit-smoking medicines is right for them.

Combining medication with coaching support can triple your chances of success.So call theMassachusetts Smokers’ Helplineat 1-800-QUIT-NOW for free advice and support. It’s confidential and is available in multiple languages.

Visit MassHealth Coverage Updates to view important changes to MassHealth member co-pays for products and medications that help people quit smoking and vaping.

Key Actions for Get help quitting

Learn more about quitting MassHealth cessation benefits View youth vaping and cessation data

Information on Quit Resources for Providers and Pharmacists

Providers and pharmacists can play a vital role in delivering important information on vaping and smoking cessation.

Memo for Providers:Letter to Providers - Vaping and Smoking Cessation Resources

Memo for Pharmacists: Update to the dispensing of nicotine replacement therapy (NRT) products.

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FAQs

What argument would a utilitarian use to explain how the tobacco industry acts as a positive force in society? ›

When putting on a scale the tobacco industry, which is already heavily regulated and taxed, by a utilitarian view it does more good than harm to society. This can be explained by the continuity of their business. If this wasn't the case they would be out of business or in jeopardy.

What can you say about RA 9211? ›

Republic Act No. 9211, also known as the Tobacco Regulation Act of 2003, is an omnibus law regulating smoking in public places, tobacco advertising, promotion and sponsorship, and sales restrictions, among other requirements.

Can pubs sell cigarettes 2019? ›

However, pubs will still be able to sell cigarettes and tobacco from behind the bar after carrying out proof of age checks. The Government has been praised for the move, which some health campaigners described as “brave.”

What are the 3 benefits of tobacco Regulation Act? ›

Since then, despite the strong lobbying of the tobacco industry, the country has successfully passed the Republic Act 9211 (Tobacco Regulation Act of 2003); despite several shortcomings, this Act was designed to promote a healthy environment and protect citizens from the hazards of tobacco smoke, inform the public of ...

Is it ethical to ban tobacco? ›

To conclude, we have argued that the tobacco-free generation proposal is compatible with human rights principles. It supports some fundamental rights, including the rights to life, health and a clean environment, and does not unduly violate the rights to liberty, self-determination, privacy or equality.

Is smoking ethically wrong? ›

Smoking is wrong. Like suicide, it destroys our bodies”. There might be a good argument for this, but I don't buy it. This necessitates that our bodies are something pure – a gift from God, for example – and that harming those vessels is morally wrong.

Why We Should banned smoking in public places? ›

Exposure to secondhand smoke from burning tobacco products causes disease and premature death among people who do not smoke. There is no risk-free level of secondhand smoke, and even brief exposure can cause immediate harm.

Why is smoking still legal? ›

Governments enjoy tobacco revenue and are willing to continue to allow disease and death from tobacco smoking.

What is the law about smoking in public places? ›

The legislation was passed by the House of Lords, allowing a total smoking ban in enclosed public places to come into force in England.

What are the advantages and disadvantages of tobacco? ›

Smoking cigarettes is said to help significantly reduce stress, help people relax, concentrate, and boost mental strength. It also acts as an antidepressant. It is one of the main reasons why people would not quit smoking. They think they would not be able to handle the pressure from work or family if they quit.

Who controls the tobacco industry? ›

FDA's Center for Tobacco Products regulates the manufacturing, marketing, and distribution of tobacco products to protect public health.

What is the social consequence of using tobacco? ›

Social stigma and isolation - some smokers feel that they are being looked down on. As smoking rates decline, many people do not want to be exposed to other peoples' smoke and are intolerant of smoking. This social unacceptance is likely to increase as the number of smokers continues to drop.

When did they stop selling 10 cigarettes? ›

Thank you for subscribing! Smokers are no longer be able to buy a 10-pack of cigarettes or small pouches of rolling tobacco under new laws that came into force in May 2017.

Can you display cigarette papers? ›

inserts and additional materials are prohibited, except for cigarette papers or filters as long as they are not visible before the packet is opened. any tabs for resealing the packet must be clear and transparent and not coloured or marked.

Can you buy single cigarettes UK? ›

You must sell cigarettes in packets of 20 or more and in their original plain packaging. You cannot sell single cigarettes to anyone.

Is smoking a human right? ›

This is a referred to as a 'qualified right', meaning it does not override the protection of the health and freedom of others. Tobacco smoke is a Class A carcinogen, and exposure to second-hand smoke causes direct harm to non-smokers.

What are considered ethical issues? ›

The most commonly experienced ethical issues include discrimination, harassment, unethical accounting, technological abuse, data privacy, health and safety, and favoritism and nepotism. Most of these concerns are experienced in workplaces.

Are Catholics allowed to smoke? ›

The Roman Catholic Church does not condemn smoking per se, but considers excessive smoking to be sinful, as described in the Catechism (CCC 2290): The virtue of temperance disposes us to avoid every kind of excess: the abuse of food, alcohol, tobacco, or medicine.

Can I have surgery if I smoke? ›

If you smoke and are having surgery, anesthesiologists recommend that you quit smoking as soon as possible before the procedure. It's also important to meet with your anesthesiologist about your smoking and how it might affect your anesthesia care plan.

Is smoking a vice? ›

A vice can be viewed as a weakness or a moral dilemma more than an addiction. Traditionally, drugs, alcohol, tobacco, watching pornography, and gambling are the forerunners in the classification of vices, but eating sugar, driving fast, or cussing can also be considered a vice.

What are the factors that influence the demand of cigarette? ›

The Law of Demand states that as the price of a product falls, the quantity demanded of the product will usually increase, ceteris paribus. Cigarettes typically have an inelastic demand, which means that a certain percentage change in price leads to a smaller percentage change in quantity demanded.

Why smoking should not be banned in public? ›

1. Smoking bans take away people's freedom. Smoking bans can be seen as an infringement of freedom of choice. Smoking is a legal habit, and 28% of European adults are regular smokers, yet they cannot freely choose where they would like to enjoy their cigarette.

What is the conclusion of cigarette smoking? ›

Smoking harms nearly every organ of the body, causing many diseases and reducing the health of smokers in general. Quitting smoking has immediate as well as long-term benefits, reducing risks for diseases caused by smoking and improving health in general.

What is environmental tobacco smoke and what chemical does it contain? ›

It is also called environmental tobacco smoke, involuntary smoke, and passive smoke. More than 7,000 chemicals have been identified in secondhand tobacco smoke. At least 69 of these chemicals are known to cause cancer, including arsenic, benzene, beryllium, chromium, and formaldehyde.

Can smoking be prevented by raising the price of cigarette? ›

Higher cigarette prices encourage young people to quit, prevent them from starting to smoke, and reduce the number of cigarettes they smoke if they continue to use cigarettes.

What factors determine the price of tobacco? ›

The affordability of tobacco products is dependent on the price of tobacco products relative to consumer income. Increase in tobacco tax is expected to lead to higher price, lower affordability, and reduced consumption.

What are the social factors of smoking? ›

While low education and income are the main social determinants of health that can determine increased tobacco use, other related ones, such as the unequal distribution of resources and services, can also lead to inequities in tobacco prevention and control and disparities in tobacco use.

Why is smoking still legal? ›

Governments enjoy tobacco revenue and are willing to continue to allow disease and death from tobacco smoking.

How can we reduce the use of tobacco? ›

Enforcing a total ban on advertising, promotion, and sponsorship of tobacco, which has been found to be very effective in reducing use, especially among young people.

Why does the government want to ban smoking? ›

Smoking bans are usually enacted in an attempt to protect non-smokers from the effects of secondhand smoke, which include an increased risk of heart disease, cancer, chronic obstructive pulmonary disease, and other diseases.

How do you motivate someone to stop smoking? ›

You can help by:
  1. telling them to take it one day at a time and reward themselves throughout the quitting process.
  2. encouraging them to exercise regularly - this helps deal with withdrawal symptoms, avoid weight gain and improve mood.
  3. reminding them to look after themselves - to get plenty of sleep and eat well.

What is the cause and effect of smoking? ›

Smoking causes cancer, heart disease, stroke, lung diseases, diabetes, and chronic obstructive pulmonary disease (COPD), which includes emphysema and chronic bronchitis. Smoking also increases risk for tuberculosis, certain eye diseases, and problems of the immune system, including rheumatoid arthritis.

What would be the impact of cigarette smoking on the environment and community? ›

LAND, COASTAL AND WATER POLLUTION

Cigarette and e-cigarette waste can pollute soil, beaches and waterways. Studies have also shown that cigarette and e-cigarette waste is harmful to wildlife. Cigarette butts cause pollution by being carried, as runoff, to drains and from there to rivers, beaches and oceans.

Is smoking a right or a privilege? ›

There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution.

What are the 7000 chemicals in cigarettes? ›

Of the more than 7,000 chemicals in tobacco smoke, at least 250 are known to be harmful, including hydrogen cyanide, carbon monoxide, and ammonia (1, 2, 5).
...
  • Acetaldehyde.
  • Aromatic amines.
  • Arsenic.
  • Benzene.
  • Beryllium (a toxic metal)
  • 1,3–Butadiene (a hazardous gas)
  • Cadmium (a toxic metal)
  • Chromium (a metallic element)
19 Dec 2017

What are the 3 types of smoke produced by cigarette? ›

  • Cigarette Smoke Components and Disease:
  • Cigarette Smoke I s More Thana Triad of Tar,
  • Nicotine, and Carbon Monoxide.

Videos

1. Session 4 - Tobacco Control Law 2003 (English) - 2020
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2. 2019 STS Legislative Fly-In: Tobacco Control
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3. Analysis of tobacco industry pricing strategies in 23 EU countries using commercial pricing data
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4. SLAPP Suits: Last Week Tonight with John Oliver (HBO)
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