HOUSE DOCKET, NO. 418        FILED ON: 1/10/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1902


The Commonwealth of Massachusetts



Danielle W. Gregoire


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act regulating flavored tobacco products.






Danielle W. Gregoire

4th Middlesex

Carmine Lawrence Gentile

13th Middlesex

Tami L. Gouveia

14th Middlesex

Brian W. Murray

10th Worcester

Carolyn C. Dykema

8th Middlesex

Louis L. Kafka

8th Norfolk

Jason M. Lewis

Fifth Middlesex

Ann-Margaret Ferrante

5th Essex

David Paul Linsky

5th Middlesex

Steven Ultrino

33rd Middlesex

Christina A. Minicucci

14th Essex

David Allen Robertson

19th Middlesex

Natalie M. Blais

1st Franklin

Tommy Vitolo

15th Norfolk

Tricia Farley-Bouvier

3rd Berkshire

Stephan Hay

3rd Worcester

William L. Crocker, Jr.

2nd Barnstable

Carole A. Fiola

6th Bristol

James B. Eldridge

Middlesex and Worcester

Bruce E. Tarr

First Essex and Middlesex

Sarah K. Peake

4th Barnstable

Patrick M. O'Connor

Plymouth and Norfolk

Mathew J. Muratore

1st Plymouth

Paul McMurtry

11th Norfolk

Hannah Kane

11th Worcester

Michelle M. DuBois

10th Plymouth

John J. Lawn, Jr.

10th Middlesex

David M. Rogers

24th Middlesex

Daniel M. Donahue

16th Worcester

Josh S. Cutler

6th Plymouth

Natalie M. Higgins

4th Worcester

Denise C. Garlick

13th Norfolk

Jack Patrick Lewis

7th Middlesex

Denise Provost

27th Middlesex

James M. Murphy

4th Norfolk

Andres X. Vargas

3rd Essex

Daniel J. Ryan

2nd Suffolk

Ruth B. Balser

12th Middlesex

Jonathan Hecht

29th Middlesex

Jeffrey N. Roy

10th Norfolk

James Arciero

2nd Middlesex

John F. Keenan

Norfolk and Plymouth

Marjorie C. Decker

25th Middlesex

Daniel R. Cullinane

12th Suffolk

Joan B. Lovely

Second Essex

Sean Garballey

23rd Middlesex

Joseph W. McGonagle, Jr.

28th Middlesex

Carlos González

10th Hampden

Brian M. Ashe

2nd Hampden

Jon Santiago

9th Suffolk

Michael J. Barrett

Third Middlesex

William C. Galvin

6th Norfolk

Christine P. Barber

34th Middlesex

Bruce J. Ayers

1st Norfolk

Patricia D. Jehlen

Second Middlesex

John Barrett, III

1st Berkshire

Mindy Domb

3rd Hampshire

Daniel J. Hunt

13th Suffolk

Harriette L. Chandler

First Worcester

Michael S. Day

31st Middlesex

David Biele

4th Suffolk

Julian Cyr

Cape and Islands

HOUSE DOCKET, NO. 418        FILED ON: 1/10/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1902

By Miss Gregoire of Marlborough, a petition (accompanied by bill, House, No. 1902) of Danielle W. Gregoire and others relative to the sale or distribution of flavored tobacco products.  Public Health.


The Commonwealth of Massachusetts



In the One Hundred and Ninety-First General Court



An Act regulating flavored tobacco products.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Said chapter 270 is hereby further amended by adding the following section: -

Section 28. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Characterizing Flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable either prior to or during consumption of a tobacco product or component part thereof,  including but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product.

“Component part”, any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent.

“Constituent”, any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke constituent.

“Distinguishable”, perceivable by either the sense of smell or taste.

“Flavored cigarette”, any cigarette, or any component part thereof, that contains or imparts a characterizing flavor.

“Flavored tobacco product”, any tobacco product as defined in section 6, or any component part thereof, that contains a constituent that has or produces a  characterizing flavor, provided that “flavored tobacco product” shall not include a flavored cigarette. A public statement, claim or indicia made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

“Tobacco product”, any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to: cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, or electronic cigarettes, electronic cigars, electronic pipes, electronic hookah, or other similar products, regardless of nicotine content, that rely on vaporization or aerosolization. “Tobacco product” includes any component or part of a tobacco product. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration either as a tobacco use cessation product or for other medical purposes and which is being marketed and sold or prescribed solely for the approved purpose.

(b) No retailer, retail establishment, or other person or entity shall sell or distribute or cause to be sold or distributed or offer for sale any flavored cigarette to any consumer.

(c) No person or entity shall sell or distribute or cause to be sold or distributed or offer for sale any flavored tobacco product to any consumer, except in a smoking bar as defined in section 22.

(d) A person who violates this section shall be subject to the same fines established for violations of section 6.