The Failure of Prohibition: How Massachusetts’ Flavored Tobacco Ban Fuels the Illicit Market

Efforts to curb tobacco use through prohibitionist policies have once again failed to deliver results. A recent report from a Massachusetts task force found that the illicit market for flavored tobacco products has surged an astonishing 21,000% since the state implemented its ban in 2020. This should be a wake-up call for policymakers nationwide who continue to push for ever-stricter nicotine prohibitions—including the latest effort to create a so-called “nicotine-free generation.”

The data is clear, these policies don’t eliminate access to tobacco products. Instead, they push sales underground, enriching illegal distributors, depriving states of tax revenue, and creating new enforcement challenges. Massachusetts now stands as yet another cautionary tale in the long history of failed prohibitionist policies.

The Massachusetts Experiment: A Case Study in Failure

In 2020, Massachusetts became the first state to ban the sale of all flavored tobacco products. The policy was consistently promoted as a measure to reduce youth access and lower smoking rates. However, as history has shown time and time again, banning a product does not eliminate demand—it simply shifts where and how consumers obtain it.

According to a recent report from the Massachusetts Illicit Tobacco Task Force, the consequences of this ban have been stark:

• The illegal tobacco market has exploded, with a 21,000% increase in illicit trade since the ban took effect.
• Massachusetts has lost hundreds of millions of dollars in tax revenue, while neighboring states like New Hampshire and Rhode Island have benefited from cross-border sales.
• Law enforcement is struggling to keep up with the influx of untaxed, unregulated products flooding the state.

Rather than achieving its intended goal, Massachusetts’ approach to flavored tobacco has fueled a booming black market, while losing out on revenue and placing a heavy burden on law enforcement.

The “Nicotine-Free Generation” Push: Repeating Past Mistakes

Despite overwhelming evidence that Massachusetts’ flavor ban has failed, policymakers at both the state and local levels continue to double down on prohibitionist policies, now pushing for a so-called “nicotine-free generation.” Massachusetts is not alone in pursuing this radical approach. In the past two years, several states including Tennessee, Hawaii, and Indiana have all introduced legislation seeking to ban the sale of legal tobacco products to individuals born after a certain date. These policies effectively phase out tobacco use for future generations, and this includes premium cigars which are not used by youth, have no demonstrable issues related to addiction, and have minimal public health impact, making their inclusion in this sweeping

As we have reported many times, the logic behind this approach is deeply flawed. Just as alcohol prohibition in the 1920s failed to curb consumption and instead empowered organized crime, a tobacco ban will not eliminate demand. Instead, just like the flavor ban it will drive future generations into the unregulated market, where products are untaxed, untested, and easily accessible—a reality confirmed by the recent report from the Massachusetts Illicit Tobacco Task Force.

Massachusetts’ disastrous experience with flavored tobacco bans should serve as clear evidence that these restrictive policies do not work. Yet, lawmakers persist in advancing an agenda rooted in idealistic rhetoric but riddled with contradictions—one that lacks real impact, ignores political consequences, and disregards the rights of rational adults to make their own purchasing choices.

A Smarter Approach: Practical Solutions Over Prohibition

Rather than repeating the failures of prohibition, lawmakers should pursue practical, evidence-based policies that balance public health concerns with market realities. Instead of outright bans, efforts should focus on preventing youth access through education and strict enforcement of age restrictions, ensuring that legal, tax-paying businesses are supported—rather than driving consumers toward the illicit market. Massachusetts has already demonstrated the consequences of prioritizing prohibition over common-sense regulation. If other states follow suit, they will face the same unintended outcomes. History is clear: banning a product does not eliminate demand—it simply pushes it underground. If policymakers truly want to reduce the use of tobacco products with known health risks, they must abandon failed approaches and embrace real solutions that work.

At its core, these bans align with World Health Organization initiatives aimed at eliminating all combustible tobacco products. While Cigar Rights of America (CRA) acknowledges that premium hand-rolled cigars do not contain flavors, we view these aggressive anti-tobacco campaigns as a troubling sign of an endgame that seeks to ban all forms of combustible tobacco—including premium cigars. CRA remains steadfast in advocating for premium cigar exemptions from excessive regulations and urges adults to reject prohibitionist policies that undermine their right to responsibly enjoy a legal product.