SENATE DOCKET, NO. 905        FILED ON: 1/16/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1279


The Commonwealth of Massachusetts



John F. Keenan


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.







John F. Keenan

Norfolk and Plymouth


Carolyn C. Dykema

8th Middlesex


Jason M. Lewis

Fifth Middlesex


Donald H. Wong

9th Essex


William N. Brownsberger

Second Suffolk and Middlesex


David Paul Linsky

5th Middlesex


James B. Eldridge

Middlesex and Worcester


Bruce E. Tarr

First Essex and Middlesex


Patrick M. O'Connor

Plymouth and Norfolk


Mathew J. Muratore

1st Plymouth


Rebecca L. Rausch

Norfolk, Bristol and Middlesex


Hannah Kane

11th Worcester


John J. Lawn, Jr.

10th Middlesex


Jack Patrick Lewis

7th Middlesex


Sal N. DiDomenico

Middlesex and Suffolk


Joan B. Lovely

Second Essex


Brian M. Ashe

2nd Hampden


Michael J. Barrett

Third Middlesex


Patricia D. Jehlen

Second Middlesex


Daniel J. Hunt

13th Suffolk


Harriette L. Chandler

First Worcester


Julian Cyr

Cape and Islands


Walter F. Timilty

Norfolk, Bristol and Plymouth


Paul Brodeur

32nd Middlesex


Tackey Chan

2nd Norfolk


David Henry Argosky LeBoeuf

17th Worcester


Edward J. Kennedy

First Middlesex


Michael O. Moore

Second Worcester


Lori A. Ehrlich

8th Essex


Brendan P. Crighton

Third Essex


SENATE DOCKET, NO. 905        FILED ON: 1/16/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1279

By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1279) of John F. Keenan, Carolyn C. Dykema, Jason M. Lewis, Donald H. Wong and other members of the General Court for legislation to regulate 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. Chapter 270 of the General Laws, as amended by chapter 157 of the acts of 2018, is hereby amended by inserting after section 27 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. 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.

“Smoke Constituent”, any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the 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.