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Tobacco ordinances
Bloomington has always been a leader in putting forth strong policies and programs to protect youth against the harms of commercial tobacco products. In 2004 we were the first city in the metro to adopt a ban on smoking in public spaces including bars and restaurants, which eventually became the statewide Clean Indoor Air Act. In 2017, we were the third city in Minnesota to pass Tobacco 21, which raised the legal purchase age of tobacco products from 18 to 21. Tobacco 21 was passed as a state law in 2020.
Policies about flavored tobacco products and tobacco licenses
On April 26, 2021, the City Council continued its leadership of protecting youth and marginalized communities against the harms of commercial tobacco products through bold and innovative policy action. The Council voted to prohibit the sale of all flavored tobacco products, including menthol, and to sunset the availability of new tobacco retail licenses in the city, effectively reducing the number of retailers over several years. The flavoring changes went into effect on January 1, 2022, and the licensing changes went into effect on June 30, 2022. Public Health is working closely with its partners to ensure cessation resources are available in the community. Learn more about the changes below.
Menthol and flavoring restrictions
The ordinance restricts the sale of menthol and flavored tobacco products, including e-cigarettes. Menthol and flavoring in tobacco products are a powerful attraction to youth. Flavorings make it more appealing to begin using tobacco and are marketed to youth to get them hooked. According to a study in the Journal of the American Medical Association, 80% of youth who tried tobacco used a menthol or flavored product.
Tobacco license restrictions
The ordinance also sets a total cap on tobacco licenses in the city. When a license is not renewed, such as if a retailer closes or chooses to stop selling tobacco products, the license is permanently retired. The City of Bloomington already prohibits the transfer of a tobacco license. This “zero cap” effectively reduces the overall number of licenses over time. Existing retailers would be allowed to continue sales until the sale or transfer of ownership of a business. In the meantime, no new retailers would be allowed to receive a license.
For questions regarding tobacco retail licensing, contact:
Business Licensing
PH: 952-563-8728
Email: businesslicensing@BloomingtonMN.gov
FAQs
Why ban flavors?
Research demonstrates that flavored tobacco products are especially attractive to youth. These products increase initiation among all populations by masking the harsh taste of tobacco and nicotine.
Additional facts:
- More than 80 percent of youth who ever tried tobacco started with a flavored tobacco product.
- The FDA reported that seven in 10 youth say they use e-cigarettes “because they come in flavors [they] like.”
- In 2020, the Minnesota Department of Health reported that four in five (81.8%) current high-school tobacco users reported using a flavored product.
- A 2020 statewide poll found that 74 percent of Minnesotans support prohibiting the sales of all flavored tobacco products, including menthol cigarettes.
- Support for this policy was high across demographics and regions, including among African Americans (77 percent support) and rural residents (81 percent support).
Why is menthol included in a flavor ban?
Menthol is a flavor that gives a cooling sensation and masks tobacco’s harshness, making it easier to start smoking and harder to quit. The US Department of health and Human Services reports that menthol in cigarettes leads people- especially young people- to experiment with smoking. It can also increase a young person’s risk of becoming dependent on nicotine. Additionally, compared to individuals who smoke non-menthol cigarettes, individuals who smoke menthol cigarettes make more attempts to quit smoking and have a harder time quitting.
The tobacco industry has used menthol flavors to racially segment and target certain customers, especially Black Americans, Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) communities, and youth. This has resulted in disparities among usage rates and health consequences. Clearing the market of menthol and all flavored products will directly improve the health of Black communities and other groups targeted by Big Tobacco.
What products are banned?
Any tobacco-related product that contains a taste or smell, other than the taste or smell of tobacco that is distinguishable by an ordinary consumer either before or during the consumption of the product. This includes, but is not limited to, any taste or smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice.
Are there any exceptions?
There are no exceptions to the flavoring or menthol ban. The only exception to the tobacco license cap is a provision that allows for the transfer of a license to a spouse or child. Otherwise, licenses are not transferable.
Why restrict licenses?
Communities with a higher density of commercial tobacco retailers expose more youth and young adults to commercial tobacco industry marketing and make it easier for youth and young adults to obtain licensed products.
Retail availability of tobacco also increases exposure to industry point of sale advertising, marketing, and promotion, contributes to social and environmental inequities, and contributes to higher smoking rates of youth and adult commercial tobacco use. Retail availability of commercial tobacco products also encourages impulse purchasing of tobacco products, prompts cravings, and undermines quit attempts.