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06/26/2024

Implementation of 105 CMR 665.00 and Restriction on the Sale of Flavored Tobacco Products

Office of Local and Regional Health (OLRH)

Massachusetts Department of Public Health

The Massachusetts Department of Public Health (DPH) understands that there is confusion from both tobacco retailers and local boards of health about whether tobacco products labeled as non-menthol tobacco products but marketed to menthol consumers constitute a flavored tobacco product within the meaning of Massachusetts General Law, Chapter 270, Section 28 and the Department’s regulation 105 CMR 665.000Please read the following DPH advisory for clarification on flavored tobacco products.

Based on DPH's determination that the referenced tobacco products are flavored tobacco products within the meaning of the law, the sale of these flavored tobacco products in retail establishments that are not licensed smoking bars is in violation of Massachusetts law (referenced above). Therefore, retail establishments that are not licensed smoking bars should remove these products from their premises no later than 30 days after this release (July 6, 2024).

If you have any comments, questions, or feedback, please email:
 localregionalpublichealth@mass.gov

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