An Act Modernizing Tobacco Control: Evaluation Data Overview

Learn about the statewide menthol and tobacco flavor restriction law and how its impact is being evaluated by the Massachusetts Tobacco Cessation and Prevention Program (MTCP).

About the law

On June 1, 2020, An Act Modernizing Tobacco Control took full effect in Massachusetts (MA). This law contains the following provisions:

• Restricts the sale of all menthol and other flavored tobacco products (including vape products) to adult-only smoking bars for on-site consumption only
• Restricts the sale of all vape products with a nicotine concentration of more than 35 mg/ml to adult-only retailers and smoking bars
• Imposes a 75% excise tax on all vape products
• Requires that health care insurers cover at least one FDA-approved cessation product at no out-of-pocket cost

For more information about the law, please visit: 2019 Tobacco Control Law | Mass.gov

Evaluation questions

The provisions of the law made Massachusetts the first state to impose a statewide menthol restriction.  The Massachusetts Tobacco Cessation and Prevention Program (MTCP) undertook an evaluation of the law to understand the local impact of this policy and its impact on health equity.

The evaluation set out to answer the following questions:

Retail environment	Has the new law decreased sales and availability of menthol and other flavored tobacco? How has it impacted overall tobacco sales?
Awareness/perceptions	Are adults aware of the law? Do they support it?
Tobacco use	Has the new law decreased menthol and other flavored tobacco use among youth and adults? Has it decreased tobacco use overall?
Cessation	Has the new law increased rates of tobacco treatment and use of evidence-based resources?

Data sources

MTCP used the following data sources to evaluate the law:

Retail environment

NielsenIQ	UPC scanner data from a custom dataset that includes unit sales from large retailers (grocery stores with an annual revenue over $2 million and drug and convenience stores with an annual revenue over $1 million) that account for roughly 25% of the tobacco retailers in MA.
Circana​​​​​​(formerly Information Resources Inc. (IRI))	Circana includes UPC scanner data from select drug stores, mass merchandisers, and convenience stores that account for roughly 90% of large retailers and 25% of convenience stores in MA using a combination of direct scanner feeds from census retailers and a sampling/projection methodology for non-census retailers
Pricing Survey	Surveys conducted in all tobacco retailers in MA, assessing price and availability of select tobacco products, including cigarettes, single and multi-pack cigars/cigarillos, chewing tobacco, nicotine pouches, and vape products. This survey is conducted every fiscal year by the Department of Public Health (DPH).

Use, access, and cessation data sources

Adult Panel survey	An annual survey of adults who use tobacco in select MA communities conducted by DPH. Participants are recruited through a combination of online panels and direct household mailings, and surveys are offered in four languages: English, Spanish, Portuguese, and Haitian Creole. Collects information on tobacco use, methods of obtaining tobacco products, and cessation behaviors.
Behavioral Risk Factor Surveillance System (BRFSS)	An annual telephone survey that collects data from MA adults on emerging public health issues, health conditions, risk factors and behaviors. Includes questions used to monitor statewide adult prevalence on tobacco use, quitting behavior, and exposure to secondhand smoke. It is conducted as a collaboration between DPH and the U.S. Centers for Disease Control and Prevention. For more information, please visit: Behavioral Risk Factor Surveillance | Mass.gov
Youth Health Survey (YHS)	​​​​​​​A survey conducted every odd numbered year among middle and high school students in MA that collects data on health conditions, health risk behaviors, and protective factors. Includes questions used to monitor statewide youth prevalence of perceptions of tobacco, tobacco use, and access to tobacco/nicotine products. It is conducted as a collaboration between DPH and the MA Department of Elementary and Secondary Education (DESE). For more information, please visit: https://www.mass.gov/lists/massachusetts-youth-health-survey-myhs
Quitline	​​​​​​​A free tobacco quitting program that offers phone and online coaching from professional quit coaches. For more information please visit: Massachusetts - Home (quitlogix.org). Quitline participants may also be eligible to receive free Nicotine Replacement Therapy (NRT). When the law took effect, the Quitline implemented a special program for people who use menthol products that provides monetary incentives to complete coaching calls. For more information about this and other Quitline programs, please visit About 1-800-QUIT-NOW | Mass.gov     ​​​​​​​Quitline data used for law evaluation include intakes from the Menthol Program over time as well as the number of coaching calls completed by Menthol Program participants.