Starting April 1, 2024, retailers, their agents or employees can no longer sell, offer for sale, or possess with the intent to sell any flavored tobacco product and menthol products with Evanston City limits.
Yes. Starting on April 1, 2024, it will be unlawful to sell, offer for sale, or possession with the intent to sell or offer for sale flavored tobacco products including menthol in Evanston.
No, the penalties in the Evanston only apply to retailers, or any of the tobacco retailer’s agents or employees, who sell, offer for sale, or possess with the intent to sell or offer for sale a flavored tobacco product or menthol products. As the Ordinance stipulates, it is the responsibility of the tobacco retailers to comply with the City Ordinance.
No. Effective April 1. 2024 retailers that sell, offer for sale, or possess with the intent to sell or offer for sale any tobacco flavored or menthol menthol cigarettes in violation of the Ordinance. Violation of the Ordinance will result in attracting fines ranging from $500 to $2500 on first and second violations. A tobacco retailer is subject to tobacco license revocation when a third violation occurs within a 24-month period.
The Ordinance applies to a retail location where tobacco products are sold at retail within Evanston City limits.
No. Under the Ordinance, a tobacco retailer will not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product including menthol products.
Yes. If an e-cigarette or other device that delivers nicotine or other vaporized liquid is sold in combination with flavored e-liquid (regardless of whether the e-liquid contains nicotine), If an e-cigarette or other device is sold on its own and does not include any type of flavoring, then the product is not covered by the Ordinance and may continue to be sold. All e-cigarettes, regardless of if they deliver nicotine, and other tobacco product accessories, components or parts are considered tobacco products and may only be sold to a person who is 21 years or older.
Yes. 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.
Yes. It is imperative for the retailers to ensure that they are not selling prohibited products. Any retailer that sells, offers for sale, or possesses with the intent to sell or offer for sale a flavored tobacco product or menthol product is in violation of the state law.
City staff is strongly encouraging all retailers to start contacting their distributors or wholesalers and not wait until the implementation date of April 1, 2024 to do so. Retailers may contact the distributor or wholesaler from whom they purchased the product and request a refund for any excess or unsold inventory of flavored tobacco or menthol products.