Call for strengthened local efforts against flavors in tobacco and vaping products in the United States

The Truth Initiative database tracks policies on flavored tobacco and nicotine products in the United States[1]. Since the Family Smoking Prevention and Control Act of 2009 (TCA), flavored cigarettes, except for menthol, have been banned. However, this regulation does not cover e-cigarettes, heated tobacco, little cigars, or hookahs with fruit, cocktail, or candy flavors, even though more than 80% of youth who used a tobacco or nicotine product started with a flavored version. Because of these loopholes, many states and local governments have adopted their own restrictions.

Different levels and areas of restriction of flavored tobacco and nicotine products

As of June 30, 2025, approximately 27.2% of the U.S. population lived in a location where the sale of flavored cigarettes was restricted, and 16.5% where the sale of menthol cigarettes was restricted. There were 418 jurisdictions (states, counties, cities, towns) that had adopted such measures.

Several states have general policies, but with varying exceptions. Litigation is ongoing, notably in Multnomah and Washington counties, Oregon, while in Hawaii, some local ordinances will take effect as soon as the state ban on local sales regulation is lifted.

Policies are categorized into six levels, from the most limited (Level 1: no restrictions) to the most strict (Level 6: ban on all flavors on all products and for all retailers).

Currently, approximately 3.8 billion of the population is covered by Level 6 restrictions, while Level 2 (restrictions on most retailers and flavors with some exemptions such as menthol, the sale of e-cigarettes, cigars, and heated or rolling tobacco) affects 10.3 billion of the population. A total of 157 jurisdictions have adopted Level 6 policies, including California, Colorado, Illinois, Massachusetts, Maine, Minnesota, and Ohio.

Conversely, some jurisdictions maintain exemptions for menthol, mint, or wintergreen, or limit restrictions near schools.

In addition to blanket restrictions, 75 jurisdictions and two Native American tribes have completely banned the sale of e-cigarettes, going beyond the 2020 federal policy deemed inadequate. Some local governments have adopted so-called "tobacco-free generation" laws, prohibiting sales to anyone born after a certain date.

Additionally, the rules may include or exclude certain locations: schools, parks, libraries, but also tobacco bars, specialty shops, or adult-only businesses. Exemptions and inclusions vary widely across jurisdictions.

Flavors play a major role in the vaping health crisis in the United States

Flavors play a significant role in the public health crisis surrounding e-cigarettes among youth: 97% of youth who vape use flavored products. Although the Food and Drug Administration (FDA) implemented a policy against flavored e-cigarettes in January 2020, the Truth Initiative believes it is insufficient and contains numerous shortcomings.

Menthol in all forms and flavors of e-cigarette e-liquids, regardless of the type of e-cigarette, remains permitted on the market. Therefore, implementing strict local flavor policies that restrict the sale of all flavored tobacco and nicotine products, including menthol, is an increasingly important tool to ensure the effectiveness of tobacco and vaping control efforts and protect the most vulnerable populations, the public health agency said.

In April 2022, the FDA issued rules banning menthol cigarettes and flavored cigars. However, in January 2025, the Trump administration canceled these provisions.

The 2009 law, however, guarantees the ability of states and local governments to implement their own sales restrictions on flavored tobacco and nicotine products.

These local measures help fill the federal regulatory gap and reduce the availability and appeal of flavored tobacco and vaping products to youth and young adults.

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[1]Truth Initiative, Local restrictions on flavored tobacco and e-cigarette products, published August 25, 2025, accessed August 26, 2025

National Committee Against Smoking |