Legislation Replaces Massachusetts’ Flavor Ban

Massachusetts officials ended their emergency ban on the sale of vapor products on Dec. 11. The ban had been set to expire Dec. 24, but Governor Charlie Baker had said his administration would end the ban early in light of new legislation restricting the sale and use of flavored tobacco and vapor products.

Retailers will now be allowed to sell unflavored vapor products, which account for a small share of pre-ban sales.

A handful of states have imposed temporary bans on vapor products, but Massachusetts is the first with permanent restrictions.

The new law restricts the sale and consumption of flavored tobacco and vapor products to licensed smoking bars. The restriction extends to popular menthol cigarettes and flavored e-cigarettes, cigars, pipe tobacco and chewing tobacco.

Retailers will have to place vapor products behind the store’s counter, just like tobacco products.

The new law also places a 75 percent excise tax on nicotine vapor products and restricts nicotine concentrations to less than 35 milligrams per milliliter of vaping solution.