Massachusetts enacted a statewide ban on menthol and flavored tobacco in 2020, but according to new data from the New England Convenience Store and Energy Marketers Association (NECSEMA), smoking rates among adults remain the same. According to a press release from the association, the ban “has had little to no impact on smoking habits among adults while the number of smokers who choose menthol has remained unchanged.”
Based on results from the annual Massachusetts Behavioral Risk Factor Surveillance System survey (BRFSS), 37.5% of smokers reported using menthol cigarette products in 2019 compared to 36.9% in 2022. Additionally, 3.9% of adults in Massachusetts reported smoking menthol in 2019 compared with 3.8% in 2022. Cigarette smoking among adults aged 18 and over decreased by 1.6 percentage points between 2019 and 2022, and by less than one percentage point after the flavored tobacco ban in 2020.
The report also found that Massachusetts has not seen a decrease in overall smoking habits among adults aged 21 and over 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 over in 2022 is 10.7%,” said NECSEMA.
“The data is clear: Bans do not work,” said NECSEMA Executive Director Peter Brennan. “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.”
“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 continued. “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.”
In Massachusetts and California, clear evidence shows that menthol and flavor bans have created a black market for the products.
“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,” added Brennan. “Prohibition has never worked and is not working with tobacco.”