Menthol regulation in the US is a patchwork, and the patchwork changes. As of late 2026, three jurisdictions have statewide bans on retail menthol cigarette sales, several hundred municipalities have their own restrictions, and there is no federal ban.
The statewide bans
Massachusetts — banned all flavoured tobacco products including menthol cigarettes, effective June 2020. This was the first statewide menthol cigarette ban in the country and it survived legal challenge.
California — banned flavoured tobacco products including menthol cigarettes, effective December 2022, after a referendum campaign. The ban covers menthol cigarettes and flavoured cigars but exempts premium cigars, pipe tobacco and shisha.
District of Columbia — banned menthol cigarette sales, effective 2022, with a phased implementation.
New Jersey — passed legislation in early 2026 extending its existing flavoured-tobacco law to menthol cigarettes, with an implementation period. Check current status before relying on this.
What is not a statewide ban
New York, Utah and Rhode Island restrict flavoured e-cigarettes but not menthol cigarettes. This distinction gets lost constantly in coverage, and it matters if you are planning a purchase.
Several states have active legislation pending. The list changes annually, so any article — including this one — should be treated as a snapshot.
The municipal layer
Hundreds of cities and counties restrict menthol sales independently of state law. Notable examples include New York City, Chicago, San Francisco, Los Angeles, Denver, and a long list of smaller jurisdictions. In some states with no statewide ban, a single city can have one.
This means “is menthol banned in my state” is the wrong question. The right one is “is it banned where I live,” which is a municipal question.
What the bans cover
Retail sale within the jurisdiction. They do not criminalise possession by an adult, and they do not generally reach a delivery that originates outside the state — though the legal position on cross-border delivery is unsettled and enforcement has been inconsistent.
They also do not cover non-menthol cigarettes. A full-flavour Marlboro Red or a charcoal-filtered Seven Stars is unaffected by a menthol ban.
The federal picture
The FDA proposed a national menthol ban in 2022. The proposal was withdrawn in January 2025, and no federal ban is in force. Whether a future administration revives it is an open question.
What this means for ordering
We ship nationwide and we do not restrict menthol shipments by state. That is a factual statement about how the store operates, not a statement that ordering menthol into a ban jurisdiction is lawful. If you live somewhere menthol retail sale is prohibited, the conservative reading is that you should not order it — and that is the advice we would give a friend.
Our note on Newport and menthol covers which of our products are affected.