State Flavored Tobacco Product Laws Methodology

Flavored tobacco products have long played an important role in youth starting to use tobacco products and in the case of menthol keeping people, particularly Black persons in the U.S., addicted. According to CDC’s 2023 National Youth Tobacco Survey, close to 90% of high school and middle school students who use e-cigarettes use a flavored product.¹ In addition, 86.9% of youth who use tobacco used a flavored product.²

Menthol cigarettes play a key role in addicting youth who smoke and keeping people hooked. About half of youth who smoke ages 12-17 smoke menthol cigarettes.³ Black Americans are disproportionately impacted with over 80% of Black persons who smoke using menthol cigarettes.⁴ Menthol cigarette use is also elevated among LGBTQ+ Americans, women and persons with lower incomes. A recent study showed that while overall cigarette use declined by 26% over the past decade, 91% of that decline was due to non-menthol cigarettes.⁵

Given the key role that flavors play in getting and keeping people addicted to tobacco products, and the slow pace of action by the federal government on the topic, a new grade was added to “State of Tobacco Control" 2021 evaluating states on whether they have prohibited the sale of all flavored tobacco products. This grade replaced the Minimum Age grade from “State of Tobacco Control” 2020 and earlier years. Grades are based on the strength of a state’s restrictions on flavored tobacco products with exemptions for certain products or in certain locations decreasing the grade.