Updated Law Regarding the Sale of Tobacco in MA

Updated Requirements For Retail Tobacco Establishments

Effective December 11, 2019, pursuant to 105 CMR 665, non-age-restricted establishments (such as convenience and liquor stores) must adhere to the following:

1) Cannot sell any tobacco products, including cigarettes and e-cigarettes to anyone under the minimum legal sales age.

2) Cannot sell any flavored electronic nicotine delivery systems such as flavored e-cigarettes and flavored vaping products.

3) Cannot sell electronic nicotine delivery systems with nicotine content greater than 35 milligrams per milliliter.

4) Cannot advertise tobacco products that they cannot sell, use fraudulent or misleading statements in advertising, or display advertisements with celebrities, cartoons, or similar endorsements.

5) Can sell non-flavored electronic nicotine delivery systems with nicotine content 35 milligrams or less per milliliter.

a) Must maintain records obtained by the manufacturer that validate the nicotine content of electronic nicotine delivery systems available for sale on the premises. This documentation may be provided         to the retailer by a distributer, but must have originally come from the manufacturer.

6) Must keep all tobacco products, including cigarettes and e-cigarettes for sale behind the counter where sales are made, out of reach of consumers and not on the counter.

7) Must display all of the following signs in plain view by a person standing at the cash register (establishments must use the signs developed and provided by DPH available at mass.gov/NewTobaccoLaw):

          a) The text of Massachusetts General Law Chapter 270, Sections 6 and 6A

          b) A statement that the sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age is prohibited

          c) Notice that the sale of flavored electronic nicotine delivery systems is prohibited

          d) A warning about the health impacts of vaping

          e) Information on tobacco cessation services

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