Tag: smoking bans

Florida GOP Lawmaker Files Bill To Ban Public Marijuana Smoking As Campaign Works To Put Legalization On 2026 Ballot

A pro-legalization Florida lawmaker has filed a bill to amend state law to codify that the public use of marijuana is prohibited.

Rep. Alex Andrade (R)—who has voiced support for removing cannabis from the federal Controlled Substances Act (CSA) and earned an “A” grade from NORML—introduced the public smoking and vaping legislation on Thursday.

Under the proposal, state statute on the use of tobacco in public would be revised to incorporate cannabis, making it unlawful to smoke or vape in any public space.

A public space would be defined as place “to which the public has access, including, but not limited to, streets; sidewalks; highways; public parks; public beaches; and the common areas, both inside and outside, of schools, hospitals, government buildings, apartment buildings, office buildings, lodging establishments, restaurants, transportation facilities, and retail shops.”

The legislation specifies that the prohibition on public smoking “does not apply to the smoking of unfiltered cigars.”

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Asian nation introduces lifetime smoking ban for Gen Z and beyond

The Republic of Maldives has banned smoking for individuals born on or after January 1, 2007, becoming the second country in the world after New Zealand to implement a generational prohibition on tobacco. 

According to Maldives Health Statistics, tobacco consumption and exposure to secondhand smoke are among the leading causes of illness and death nationwide. This prompted President Mohamed Muizzu to launch an anti-smoking campaign last year, banning vapes and e-cigarettes while doubling import duties and taxes on cigarettes.

The new ban, affecting Generation Z first, was ratified as an amendment to the Tobacco Control Act in May and came into force on Saturday. It also reportedly applies to visitors to the island nation known for its luxury tourism.

Anyone born after January 1, 2007 is now prohibited from purchasing, selling, or using tobacco products in the Maldives. The restriction covers all forms of tobacco, and retailers must verify buyers’ ages. 

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France to Ban Smoking in Parks, Beaches, and Near Schools

France has struggled to kick its smoking habit. A new public health decree published Saturday aims to change that.

In the coming days, smoking will be banned in all French parks and sports venues, at beaches and bus stops, in a perimeter around all schools, and anywhere children could gather in public.

In a country where smoking has for generations been glamorized in cinema and intertwined with the national image, government crackdowns on tobacco use have met resistance.

“In France, we still have this mindset of saying, this is a law that restricts freedom,” Philippe Bergerot, president of the French League Against Cancer, told the Associated Press.

The ban aims “to promote what we call denormalization. In people’s minds, smoking is normal,” he said. “We aren’t banning smoking; we are banning smoking in certain places where it could potentially affect people’s health and … young people.”

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France BANS smoking in nearly all outdoor spaces

France will ban smoking in all outdoor places that can be frequented by children, like beaches, parks and bus stops, the health and family minister said on Thursday.

‘Where there are children, tobacco must disappear,’ Catherine Vautrin said in an interview published by regional outlet Ouest-France.

The restrictions will come into force on July 1, and failure to comply with the draconian ban could result in a £114 fine, the minister said, adding that children have the ‘right to breathe clean air.’

Cigarettes will also be banned in areas close to schools to prevent students from ‘smoking in front of their establishments.’ 

The ban does not apply to cafe terraces – or include electronic cigarettes. 

The government’s National Anti-Tobacco Programme for 2023 to 2027 proposed a smoking ban similar to the one announced by Vautrin, calling for France to ‘rise to the challenge of a tobacco-free generation from 2032.’ 

But anti-tobacco organisations had voiced concern the authorities were dragging their feet on implementing the measures. 

Vautrin said there were no plans to place additional taxes on cigarettes ‘at the moment’. 

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Drastic new cigarette rules that will change the way Aussies smoke forever

Aussie smokers will see some types of cigarettes banned under tough new rules designed to make smoking as unappealing as possible. 

The new measures, which are set to come into force from July 1, will outlaw certain ingredients, flavours and accessories. 

For example, menthol, rum and clove-favoured cigarettes and those with crush balls in the filter will be banned. 

‘These mask the harshness of tobacco, make it more addictive, easier to smoke and harder to quit,’ a Department of Health spokesman said.

Cigarette manufacturers will also be banned from using words like ‘smooth’ and ‘gold’ because they can create the false impression that some products are less harmful.

The new rules will also force all cigarettes to be consistent in their size and shape, with unique filters banned. 

Each packet will come with health warnings and contain information cards offering support to quit.

It comes after manufacturers were forced to print grim warning messages, such as ‘poison in every puff’ and ‘toxic addiction’, on the filter of each cigarette from April.

Health Minister Mark Butler said Australia was ‘one of the first countries in the world to include this new public health measure’.

He said the aim was to ‘educate but also dissuade smokers from using this deadly product’.

Cigarette prices in Australia are among the highest in the world due chiefly to heavy taxation. A standard 20-pack costs more than $50, depending on the brand, with 70 per cent of the retail price ($35) going to the government in excise tax.

Cigarette excise taxes increase twice a year in line with average wages. On March 1, the tax per cigarette rose by 2.8 per cent to $1.27816, up from $1.24335.

The regular tax hikes and resultant high prices have created a booming black market, with millions of Australians now buying illegal, counterfeit cigarettes sold in convenience stores.

The lucrative black-market trade has seen tobacco stores taken over by criminal gangs, with violent turf wars and arson attacks. 

And despite the tax increases, government revenue from tobacco has plummeted due to fewer people buying the expensive product – dropping 39 per cent in just four years, from a peak of $16 billion in 2019/20 to $9.8 billion in 2023/24.

The ATO now estimates that nearly one in five cigarettes smoked in Australia comes from criminal syndicates that evade taxes and sell at deep discounts.

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Sell Flavored Tobacco in Massachusetts, Go To Jail

In 2022, I wrote an article for Reason predicting that it was only a matter of time before selling flavored tobacco products landed an American behind bars. Almost three years later, that day has arrived in Massachusetts. According to a press release from the Middlesex district attorney and the Department of Revenue, the owner of a Marlborough vape shop has pleaded guilty to three counts of attempted tax evasion arising from the sale of e-cigarettes brought in from across state borders. He was sentenced to serve six months in the House of Correction and five years probation.

In 2020, Massachusetts became the first state to implement a comprehensive ban on all flavored tobacco products, including menthol cigarettes and flavored e-cigarettes. Violation of the flavor ban is only a misdemeanor, but since flavored tobacco products are sold on the illicit market, sellers simultaneously violate state tax law. This brings much harsher penalties into play. In Massachusetts, evading taxes on tobacco products is a felony punishable by up to five years in prison.

Criminal justice reformers have warned for years that flavor bans would encourage illicit markets, creating felony crimes in the process. For example, a 2021 coalition letter signed by groups such as the American Civil Liberties Union and National Association of Criminal Defense Lawyers warned that a federal menthol ban would create “a massive law enforcement problem for states, counties, and cities since all states treat unlicensed sale of tobacco products as a crime—usually as a felony punishable by imprisonment.”

This is a prescient description of how the comprehensive flavor ban in Massachusetts is working out. The latest annual report from the state’s Multi-Agency Illegal Tobacco Task Force (published in February 2024) notes: “Field personnel are routinely encountering or seizing untaxed menthol cigarettes, originally purchased in other states, and flavored ENDS [electronic nicotine delivery systems] products and cigars purchased from unlicensed distributors operating both within and outside the Commonwealth. Without providing too much detail about the processes and methods of Task Force enforcement strategies, smugglers are developing more sophisticated smuggling operations to counter the Task Force’s targeted investigations.” 

These annual reports document law enforcement activity directly related to the flavor ban. Massachusetts has seized so much contraband tobacco and so many e-cigarettes that the state struggles to find the capacity to store it all. There are many instances of individuals arrested for possessing allegedly commercial quantities of menthol cigarettes or flavored e-cigarettes, with some of these cases referred for prosecution.

The Marlborough case is one of the first, if not the first, to resolve with a guilty plea and criminal sentence. The defendant is 62-year-old Ashraf Youssef, who owned AAA Smoke and Vape Shop. According to prosecutors, he “routinely” purchased e-cigarettes from out-of-state distributors between 2020 and 2022, evading $467,000 in excise taxes. In high-tax states like Massachusetts, there are obviously financial reasons to smuggle products from other jurisdictions, but the prohibition on flavored products offers additional motivation.

The Massachusetts flavor ban took effect in 2020, and minutes from a 2022 Marlborough Board of Health meeting note multiple instances of Youssef’s shop selling flavored products. In December of 2021, for example, a “Tobacco Control Manager stopped at the establishment, witnessed the sale of flavored tobacco products, and found 300 disposable flavored vapes.” And in March of 2022, “The Marlborough Police Department was sent to investigate suspicious activity in the parking lot of AAA Smoke & Vape. They determined the business has a car parked outside where patrons can walk up & purchase flavored vape products for cash.”

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Trump Administration Squashes Biden Plan to Ban Menthol Cigarettes

As you may recall, the Nanny State under Joe Biden was planning to ban menthol cigarettes. They first planned to do it early last year, but then decided to postpone the plan to after the election because they were afraid it would cost them votes.

Now that the election is over and Joe Biden lost, the plan was hanging in the wind.

The new Trump administration just ended the plan for good. Isn’t it nice when adults have the freedom to decide these things for themselves?

The Hill reports:

Trump FDA officially withdraws long-delayed menthol cigarette ban

The Food and Drug Administration (FDA) has withdrawn a rule that would have banned menthol cigarettes and flavored cigars, putting a formal end to a policy that had been indefinitely delayed under the Biden administration.

A regulatory filing showed the rule had been “withdrawn” on Jan. 21, President Trump’s second day in office. The move is a significant blow to public health groups who said banning menthol had the potential to save hundreds of thousands of lives, particularly among Black smokers.

“There is no justifiable reason to withdraw the FDA’s proposed rule to ban menthol,” said Kelsey Romeo-Stuppy, managing attorney at Action on Smoking and Health. “Tobacco industry profits should never be prioritized over American lives, but unfortunately, that’s what has happened with the FDA withdrawing the proposed rule to ban menthol in tobacco products.”

The FDA declined to comment, pointing to a newly-ordered temporary ban on public communication.

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The FDA Proposes a De Facto Cigarette Ban, Which Would Expand the Disastrous War on Drugs

On its way out the door, the Biden administration has proposed a rule that would effectively ban cigarettes by requiring a drastic reduction in nicotine content. The Food and Drug Administration (FDA), which unveiled the proposed rule on Wednesday, says the aim is to make cigarettes unappealing by eliminating their “psychoactive and reinforcing effects.”

In addition to cigarettes, the FDA’s proposed rule covers cigarette tobacco, pipe tobacco (except shisha for waterpipes), and cigars (except for “premium” cigars). All of those products would be limited to 0.7 milligrams of nicotine per gram of tobacco. That cap technically complies with a federal law that bars the FDA from banning tobacco products or “requiring the reduction of nicotine yields of a tobacco product to zero.” But the negligible amount of nicotine allowed under the rule would amount to both in practice.

The FDA, which first considered this policy under Scott Gottlieb during the first Trump administration, has abandoned the idea of gradually phasing in the nicotine reduction because that would initially result in “compensatory smoking.” That is, current smokers would be apt to inhale more deeply, take more or bigger puffs, or consume more cigarettes to get the nicotine dose to which they are accustomed, which would increase their exposure to the toxins and carcinogens in tobacco smoke. But avoiding that pitfall by mandating an immediate cut to a negligible nicotine level would magnify the black-market effects of de facto cigarette prohibition.

Given the disastrous results of the war on drugs, it is hard to fathom why a government agency in 2025 would think it is a good idea to expand that crusade to include products that are regularly consumed by nearly 30 million American adults. The proposed nicotine cap “would effectively outlaw almost all cigarettes currently being sold,” which would “benefit organized crime by igniting a robust illicit market for cigarettes and other tobacco products,” the Law Enforcement Action Partnership (LEAP) notes in an emailed press release.

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Expanding the Drug War To Include Tobacco Would Be a Big Mistake

Last month, New Zealand scrapped a law that would have gradually prohibited tobacco products by banning sales to anyone born after 2008. But Brookline, a wealthy Boston suburb, will implement a similar scheme now that the Supreme Judicial Court of Massachusetts (SJC) has cleared the way.

Brookline’s bylaw, which bans sales of “tobacco or e-cigarette products” to anyone born after 1999, is unlikely to have much practical impact, since the town is surrounded by municipalities where such sales remain legal. But it reflects a broader transition from regulation to prohibition among progressives who seem to have forgotten the lessons of the war on drugs.

The local merchants who challenged Brookline’s ban argued that it was preempted by a state law that sets 21 as the minimum purchase age for tobacco products. They also claimed the bylaw violates the Massachusetts Constitution’s guarantee of equal protection by arbitrarily discriminating against adults based on their birthdates.

The SJC rejected both arguments in a decision published on Friday. The court concluded that state legislators had left local officials free to impose additional sales restrictions. And since birthdate-based distinctions do not involve “a suspect classification,” it said, Brookline’s bylaw is constitutional because it is “rationally related to the town’s legitimate interest in mitigating tobacco use overall and in particular by minors.”

The striking aspect of Brookline’s law, of course, is that it applies to adults as well as minors. It currently covers residents in their 20s and eventually will apply to middle-aged and elderly consumers as well.

Since anyone 21 or older who wants to buy tobacco or vaping products can still legally do so across the border in Boston, Cambridge, or Newton, Brookline’s ban looks more like an exercise in virtue signaling than a serious attempt to reduce consumption. The same could be said of the outright bans on tobacco sales that two other wealthy and supposedly enlightened enclaves, Beverly Hills and Manhattan Beach, enacted in 2019 and 2020, respectively.

The Beverly Hills ban makes exceptions for hotels and cigar lounges, and both cities border jurisdictions where tobacco sales are still allowed. But even as moral statements, these edicts are flagrantly illiberal, standing for the proposition that adults cannot be trusted to decide for themselves which psychoactive substances they want to consume.

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New Zealand set to scrap world-first tobacco ban

New Zealand will repeal on Tuesday a world-first law banning tobacco sales for future generations, the government said, even while researchers and campaigners warned of the risk that people could die as a result.

Set to take effect from July, the toughest anti-tobacco rules in the world would have banned sales to those born after Jan. 1, 2009, cut nicotine content in smoked tobacco products and reduced the number of tobacco retailers by more than 90%.

The new coalition government elected in October confirmed the repeal will happen on Tuesday as a matter of urgency, enabling it to scrap the law without seeking public comment, in line with previously announced plans.

Associate Health Minister Casey Costello said the coalition government was committed to reducing smoking, but was taking a different regulatory approach to discourage the habit and reduce the harm it caused.

“I will soon be taking a package of measures to cabinet to increase the tools available to help people quit smoking,” Costello said, adding that regulations on vaping would also be tightened to deter young people.

The decision, heavily criticised over its likely impact on health outcomes in New Zealand, has also drawn flak because of fears it could have a greater impact on Maori and Pasifika populations, groups with higher smoking rates.

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