Massachusetts Flavor Ban Fails to Move the Needle on Menthol Smoking Rates
BOSTON — More than four years after the statewide ban on the sale of flavored tobacco products went into effect, a new report indicates the legislative move has not made an impact on the number of adult menthol cigarette smokers.
The Massachusetts ban on the sale of all flavored tobacco products — including menthol — went into effect on June 1, 2020, seven months after then-Gov. Charlie Baker signed the ban into law. His signature made Massachusetts the first in the country to enact a ban statewide.
"The data is clear: bans do not work," said Peter Brennan, executive director of the New England Convenience Store and Energy Marketers Association (NECSEMA). "As we warned before this ill-advised policy was put in place, the buying and selling of menthol cigarettes in Massachusetts has continued unabated, despite these legal adult products being removed from the shelves of licensed, regulated retailers.
"Those who prefer menthol are continuing to buy these products in neighboring states that are now reaping the tax benefits, or even worse, on the illicit market, from criminals and organized crime factions," Brennan added.
[Read more: Massachusetts Lawmakers to Propose Phasing Out Nicotine Sales]
NECSEMA has issued a new white paper detailing data from the annual Massachusetts Behavioral Risk Factor Surveillance System survey (BRFSS) which shows the percentage of Massachusetts adult smokers aged 18 and older who use menthol has remained virtually unchanged despite the 2020 state ban on flavored tobacco.
Notably, the survey found that 37.5% of smokers reported using menthol cigarette products in 2019 compared to 36.9% in 2022. Similarly, 3.9% of adults in Massachusetts reported smoking menthol in 2019 compared with 3.8% in 2022. According to the findings, the prevalence of cigarette smoking among adults aged 18 and older decreased by just 1.6 percentage points between 2019 and 2022. It dropped by less than 1 percentage point after the flavored tobacco ban in 2020.
Each year, the Centers for Disease Control and Prevention (CDC) conducts the BRFSS survey across all 50 states and Washington, D.C. Individual states are responsible for administering the survey, which includes questions about tobacco use. Massachusetts has included a specific question about menthol cigarette use since 2019, according to NECSEMA.
The report also found that Massachusetts has not seen a larger decrease in overall smoking habits among adults aged 21 and older when compared with other states that still permit menthol and flavored tobacco usage. If all adult menthol smokers had quit, the expected adult smoking prevalence in 2022 would have been around 7%. However, the actual smoking prevalence among adults aged 21 and older in 2022 is 10.7%, the association said.
"Massachusetts is losing out on more than $100 million per year in sales tax revenue from menthol sales that are now going to New Hampshire and Rhode Island," Brennan said. "We are seeing cartons of menthols being sold on our streets, unchecked. The data makes it crystal clear that the flavored tobacco ban in Massachusetts has been a complete failure. The numbers do not lie."
The flavored tobacco ban could be having unintended consequences in the state, namely a rise in the black market for tobacco products. According to the NECSEMA, the nonprofit Tax Foundation found that Massachusetts currently ranks fourth in inbound smuggling activity at 39.7%, which costs the Massachusetts an estimated $224 million annually.
Prior to the ban, in 2019, Massachusetts ranked 12th in inbound smuggling at 19.9%, which cost the state $133 million.
"Legal adult products belong in licensed, regulated establishments where trained clerks can check IDs to make sure youth are not buying these items and Massachusetts can keep this important tax revenue in our state to promote anti-smoking efforts," Brennan said. "Prohibition has never worked and is not working with tobacco."