Evanston's Ban On Menthol Cigarettes, Flavored Tobacco Sales In Effect

EVANSTON, IL — The city's municipal-level ban on the sale of flavored tobacco products began Monday, making Evanston the first city in Illinois to prohibits business from selling or marketing hookah tobacco and menthol cigarettes.

Retailers who violate the Ordinance 74-O-23, which passed the City Council in November, are subject to fines ranging from $500 to $2,500 for first and second violations and the potential revocation their license to sell tobacco for a third within a two-year period.

"This ban is a critical step in safeguarding the public from the predatory marketing practices employed by the tobacco industry, particularly those disproportionately targeting Black consumers and young people, leading to disparate health outcomes" city staff announced last month.

Studies have indicated more than four out of five Black smokers choosing menthol cigarettes compared to less than one in three white smokers.

More than half of child smokers use menthols, and research has suggested children who smoked menthols are likely to grow up to become regular smokers.

Flavored cigarettes, cigars, vaping items, loose tobacco and rolling papers are all included in the ban, staff said, promising to ensure compliance with routine inspections from the city's Health and Human Services Department.

The definition of a flavored tobacco product under the ordinance is extensive, covering menthol flavors and any tobacco product that delivers a cooling or numbing sensation.

While the ordinance restricts sales, it does not penalize individual people who have or use such products inside Evanston, and residents can still purchase such products outside of town without violating the law.

Two states — Massachusetts in 2020 and California in 2022 — have also banned flavored tobacco products. Cook County banned the sale of "flavored liquid nicotine product" last year.

This week, anti-smoking groups sued the federal government in an effort to force President Joe Biden's administration to implement its proposed menthol-banning rule.

“Because of defendants’ inaction, tobacco companies have continued to use menthol cigarettes to target youth, women, and the Black community — all to the detriment of public health,” three nonprofit groups including Action on Smoking and Health, said in a complaint filed Tuesday in the Northern District of California after the passing of a March deadline.

“We’re extremely disappointed to be forced to file this second lawsuit against the FDA in support of protecting Americans from menthol cigarettes,” Laurent Huber, Executive Director of Action on Smoking and Health, said announcing the suit. “The FDA’s own research confirms that a menthol ban would save lives; there is no scientific reason to delay finalizing this rule.”

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