Evanston’s ban on sale of flavored tobacco products begins Monday

EVANSTON, Ill. — A citywide ban on the sale of flavored tobacco products goes into effect in Evanston on Monday.

Ordinance 74-O-23, which takes effect, on Monday, April 1, establishes that retailers can not sell, offer for sale, display, market, or advertise any flavored tobacco product, including menthol, within the city’s limits.

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“This ban is a critical step in safeguarding the public from the predatory marketing practices employed by the tobacco industry, particularly those disproportionately targeting Black consumers and young people, leading to disparate health outcomes,” city officials said in a news release in early March.

What products are included in the ban?

According to the city, the ban includes flavored cigarettes, cigars, vaping items, loose tobacco, and rolling papers.

E-cigarettes and other devices used for smoking or vaping nicotine or other liquids, when sold in combination with flavored e-liquid, are also prohibited under the ordinance

“The definition of a flavored tobacco product, under the Ordinance, includes menthol flavors such as mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, fruit, dessert, alcoholic beverage, herb, or spice or any tobacco product that contains a cooling or numbing sensation,” city officials said.

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Visit the City of Evanston website for an example list of banned products. City officials say the list does not contain all banned products.

What could happen if a retailer is caught selling flavored tobacco products?

Retailers that sell, possess with the intent to sell or offer for sale any flavored tobacco or menthol cigarettes will be in violation of the ordinance.

City officials say that any retailer caught violating the ordinance could see fines ranging from $500 to $2500 on first and second violations.

If a third violation occurs within a 24-month period, retailers could be subject to tobacco license revocation.

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Officials say it is the responsibility of the retailers to comply with the city ordinance and added that routine compliance inspections will conducted by the city’s Health and Human Services staff at least once a year, including follow-up and complaint inspections.

Anyone looking to report a violation to the city can contact the Evanston Health and Human Services Department at 311 or 847-448-4311.

Reports can also be sent over email to health@cityofevanston.org.

Can I get in trouble for having/using flavored tobacco products?

According to city officials, the ordinance only applies to retail locations and not to individuals who possess or use the products.

City officials say it is not illegal for people to purchase flavored products, as the penalties only apply to retailers or any of the tobacco retailer’s agents or employees.

Individuals who purchase products outside of city limits and bring them into Evanston are not in violation of the ordinance.

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