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The Menthol Cigarette Ban: Where It Stands

The menthol ban question has two answers depending on level: federally there is no ban, and at state level there are several. Both halves change, so what follows is a snapshot rather than a settled picture.

Newport Menthol Box carton, side view

Federal: proposed, then withdrawn

The FDA published a proposed rule in 2022 to ban menthol as a characterising flavour in cigarettes, alongside a ban on all characterising flavours in cigars. The proposal was withdrawn in January 2025, and no federal ban is in force.

The underlying scientific review was completed and published; what was withdrawn was the rulemaking, not the evidence base. A future administration could revive it, and the machinery to do so exists.

Statewide bans

Massachusetts — all flavoured tobacco including menthol cigarettes, effective June 2020. First statewide ban, survived legal challenge.

California — flavoured tobacco including menthol cigarettes, effective December 2022, after a referendum. Exempts premium cigars, pipe tobacco and shisha.

District of Columbia — menthol cigarette sales banned, effective 2022 with phased implementation.

New Jersey — legislation passed in early 2026 extending the existing flavoured-tobacco law to menthol, with an implementation period. Verify current status.

What is not a ban

New York, Utah and Rhode Island restrict flavoured e-cigarettes but not menthol cigarettes. This distinction is widely misreported.

The municipal layer

Several hundred cities and counties have their own restrictions, including New York City, Chicago, San Francisco, Los Angeles and Denver. In states with no statewide ban, a single city can have one.

So “is menthol banned in my state” is often the wrong question. The right one is whether it is banned where you live.

What the bans cover

Retail sale within the jurisdiction. They do not criminalise adult possession, and they do not clearly reach cross-border delivery — a legally unsettled area with inconsistent enforcement.

They do not affect non-menthol cigarettes. Marlboro Red or Seven Stars are unaffected.

What this means for ordering

We ship nationwide and do not restrict menthol by state. That is a factual description of how the store operates, not a claim that ordering menthol into a ban jurisdiction is lawful. If you live somewhere menthol retail sale is prohibited, the conservative reading is not to order it.

Our state-by-state guide covers the specifics.

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