ADVISORY: New Law Bans Sale Of Flavored Tobacco And Menthol Cigarettes In The District

• Prohibits the sale of all flavored tobacco—including flavored synthetic nicotine products.
• Prohibits the sale of all electronic smoking devices within a quarter mile of any middle or high school in the District.

The prohibition on flavored tobacco includes any flavor other than tobacco, including “menthol.” The law presumes that a tobacco product is a flavored tobacco product if there are any texts, images, statements, or actions by the manufacturer that suggests the product has a flavor other than tobacco.

Electronic smoking devices include any device that uses a heating element to deliver a vapor or aerosol with nicotine or any other substance in it for human consumption. It includes “vapes,” “vape pens,” “e-cigarettes,” “e-cigars,” “e-hookahs,” or any other product with that function, regardless of what it is called.

The distance from a school is determined from the closest point between the school grounds and the property containing the retail space. Schools with combined campuses qualify if any students at that location are in grades 6 – 12. District of Columbia Public Schools, District of Columbia Charter Schools, and private schools all qualify.

There is an exception for the on-site consumption of flavored tobacco products at hookah bars that were doing business in the District as of September 30, 2021 or previously. Hookah bars are defined within the Act to be a restaurant, tavern, brew pub, club or nightclub that does not admit patrons under the age of 21 and that generates revenue from the onsite consumption of tobacco products used by hookah. A hookah bar doing business in the District as of September 30, 2021, will not need to relocate to be in compliance with this section.

In most cases, an investigator is assigned within 3 business days. Investigations are typically completed within 30 business days.