Massachusetts laws
City and town ordinances and by-laws
Cities and towns may have stricter or more specific laws in place for the sale and use of tobacco products, including prohibiting the sale of e-cigarettes or vapor products altogether. Check your local ordinances and by-laws for more information.
Schools
MGL c. 71, § 2A Use of tobacco products at schools
MGL c. 74, § 58 Use of tobacco products at vocational schools
Health care institutions
MGL c. 111, § 72X All nursing homes must have non-smoking areas; employees can't smoke in patient care areas
MGL c. 112, § 61A No health care institution can sell tobacco products
Public places
MGL c. 270, § 22 Smoking in the workplace and in public places
MGL c. 270, § 23 No smoking in flea markets
MGL c. 272, § 43A No smoking on public transportation or in stations
Manufacturing and sales
MGL c. 64C Cigarette excise: regulates pricing, taxation and other aspects of cigarette and e-cigarette sales
MGL c. 94E, § 2 Financial obligations of tobacco manufacturers selling cigarettes to consumers within commonwealth
Requires manufacturers that do not enter into the Master Settlement Agreement to make annual deposits into a qualified escrow account, which is held to pay settlements or judgments against those companies on claims brought by the Commonwealth.
MGL c. 94F Complementary provisions concerning tobacco product manufacturers
Requires that cigarette manufacturers and brands be listed in a directory in order to sell cigarettes in Massachusetts.
MGL c. 148, § 60 Prohibits the sale of novelty lighters
MGL c. 270, § 6 Tobacco: sale or gift to minors
Must be 21 to buy any tobacco product, including e-cigarettes.
MGL c. 270, § 6A Fines for selling rolling papers to people under 21
MGL c. 270, § 7 Retail establishments must post MGL c. 270, § 6 and § 6A, violators shall be punished by fine
MGL c. 270, § 27 Liquid nicotine containers and liquid or gel substances containing nicotine must be in child resistant packaging
MGL c. 270, § 28 Flavored tobacco is prohibited
MGL c. 270, § 29 Nicotine content of vaping products and e-cigarettes is limited
Additional laws
MGL c. 111, § 31 Boards of health may make reasonable health regulations (including smoking regulations)
Massachusetts regulations
105 CMR 661 Regulations implementing MGL c. 270, § 22
Provides detailed requirements for allowing smoking in membership associations and outdoor spaces.
105 CMR 665 Minimum standards for retail sale of tobacco and electronic nicotine delivery systems, including flavored tobacco
501 CMR 14 Testing, certification, marking, and enforcement of Massachusetts' fire standard compliant cigarettes
830 CMR 94E Provisions concerning certain tobacco product manufacturers
830 CMR 270 Smoking bar permits
940 CMR 21 Sales and distribution of cigarettes, smokeless tobacco products and electronic smoking devices in Massachusetts
940 CMR 22 Sales and distribution of cigars in Massachusetts
940 CMR 24 Tobacco product manufacturer certifications
Federal laws
15 USC § 1335 Unlawful advertisements on medium of electronic communication (television and radio)
21 USC Subchapter IX Tobacco products
- 21 USC § 387f(d) Must be 21 to buy tobacco products
The Tobacco Control Act
Regulates the manufacture, marketing, sale and distribution of tobacco products. Links to the law, rules and regulations (proposed and final), and guidance documents.
Federal regulations
24 CFR §§ 965.651-965.653 Smoke-free public housing
- For more information, see: Instituting smoke-free public housing
Selected cases
Cities and towns
American Lithuanian Naturalization Club Athol Mass. v. Board of Health of Athol, 446 Mass. 310 (2006)
A town can prohibit smoking in private clubs.
Six Brothers, Inc. v. Town of Brookline, 493 Mass. 616 (2024)
SJC upholds Brookline town bylaw that phases out the sale of tobacco by prohibiting sales to people born in this century. The Massachusetts Tobacco Act, MGL c. 270, § 6 (b), which sets the minimum age for the purchase of tobacco products at 21 years old, does not preempt a more stringent town bylaw.
Claims against manufacturers
Donovan v. Philip Morris, 455 Mass. 215 (2009)
Plaintiffs had a claim for "medical monitoring," based on their exposure to cigarette smoke.
Greene v. Philip Morris, 491 Mass. 866 (2023)
Court held that the tobacco company did commit civil conspiracy through their campaign to hide the health risks of smoking, including claims that filtered cigarettes were a healthy alternative to non-filtered cigarettes.
Haglund v. Philip Morris, 446 Mass. 741 (2006)
"Because no cigarette can be safely used for its ordinary purpose, smoking, there can be no non-unreasonable use of cigarettes."
Employment
Rodrigues v. EG Systems d/b/a/ Scotts Lawn Services, 639 F.Supp.2d 131 (2009)
A potential employee working on the condition that he pass his drug test and background check with his employer does not have protected privacy regarding his smoking tobacco nor has the expectation of employer-provided benefits since he was working conditionally.
Smoking in apartments or condominiums
Acorn Holdings, LLC v. Stein, 2017 Mass. App. Div. 1 (2017)
Landlord attempted to evict tenant for violating a no smoking rule in lease, citing the removal of smoke detectors. Court found that the removal of smoke detectors was not sufficient to prove smoking in the apartment and was not in violation of lease as the lease did not forbid tampering with smoke detectors.
Donnelly v. Cohasset Housing Authority, 62 Mass. App. Ct. 1104 (2004)
Tenant reported to the Housing Authority that smoke was entering her apartment from downstairs neighbor but does not need to provide evidence that smoke was present; tenant must instead provide evidence of dispute with Housing Authority that smoke was interfering with her quiet enjoyment of the premises. (Request a copy of this case)
Harwood Capital Corp. v. Carey, Boston Housing Court 05-SP-00187 (June 3, 2005)
In what may have been the first verdict of its kind, a jury ruled for a landlord seeking to evict tenants for smoking, even though smoking was permitted in the building. Neighboring tenants had complained to the landlord about the smoke seeping into their units. Because this was a jury verdict, there is no published opinion, but we've gathered the available pre- and post-verdict materials here.
File a complaint
Local health authorities
In Massachusetts city and town local health authorities (LHA) enforce no-smoking laws and the illegal sale of tobacco products. Complaints should be addressed to the LHA, which may be the board of health, health department, or inspectional services department.
Mass. Department of Public Health
Some complaints can also be filed with the DPH. For more information see:
- Smoke-Free Workplace Law or other tobacco related violation, Massachusetts Tobacco Cessation and Prevention Program.
Web sources
Smoking or vaping in general
- 2019 Tobacco Control Law, Mass. Department of Public Health.
Explains the law and restrictions on the sale of nicotine vaping and flavored vaping and tobacco products. - E-cigarette regulations - Massachusetts, Public Health Law Center.
Answers common questions about the regulation of e-cigarettes in Massachusetts. - Local, state, and federal laws related to tobacco, Mass. Department of Public Health.
Tobacco laws and regulations in Massachusetts, including sales to minors, smoking in the workplace, licensing of retail outlets, vending machine sales and more. - Massachusetts Tobacco Cessation and Prevention Program, Mass. Department of Public Health.
Statewide public health program focused on comprehensive approaches to reduce tobacco and nicotine use. - Quit medicines and insurance, Mass. Department of Public Health.
Describes the medicines that can help and what insurance may cover. - Tobacco products, U.S. Food and Drug Administration.
Includes links to federal regulations and guidance, information on compliance and enforcement, recent science and research news, and public health education.
Smoking in apartments or condominiums
- Is secondhand smoke infiltrating your apartment or condominium?, American Lung Association.
Provides steps that can help you if you find yourself experiencing secondhand smoke in your home. - Marijuana in multi-unit residential settings, Public Health Law Center, 2019.
"Answers to common questions about smoking or vaping marijuana in multi-unit residences, including federally subsidized housing." - Secondhand smoke in condominiums: Legal options for owners, Public Health Law Center, 2022.
"This policy brief describes legal options available to condominium owners exposed to drifting secondhand smoke." - Smoking in public housing, Mass. Legal Help, 2019.
"Are you worried about breathing in secondhand smoke from your neighbors? Or are you wondering what to do if your landlord is evicting you for breaking a no-smoking rule? Read this article to learn more about smoking policies in public housing." - Toolkits for owners/management agents and residents, U.S. Department of Housing and Urban Development.
These Smoke-Free Housing Toolkits provide educational "how-tos" and resource brochures, pamphlets and other information designed to assist owners/management agents and residents of public and assisted multi-family housing who want safer and healthier homes. - When secondhand smoke invades your home, Nolo.
Provides possible tactics and options for dealing with a neighbor who is sharing secondhand smoke.
Smoking in the workplace
- Massachusetts smoke-free workplace law and questions about multi-unit businesses, Mass. Department of Public Health.
- Smoking and the workplace, Workplace Fairness.
Questions and answers on smokers' and non-smokers' rights in the workplace.
Print sources
Drafting employment documents in Massachusetts, 4th ed., MCLE, loose-leaf.
Chapter 11: Privacy in the workplace.
Employment law (Mass. Practice v.45), 3rd ed., Thomson Reuters, 2016 with supplement.
Section 10:7 Inquiry into private facts.
Labor and employment law in Massachusetts, 2nd ed., Lexis, loose-leaf. (eBook available with library card)
Chapter 3, Section 3-8[b] and 3-11.
Landlord and tenant law (Mass. Practice v.33), 3rd ed., West Group, 2000 with supplement.
Sections 11:4 – 11:9 and Section 16:33: Covenant of quiet enjoyment.
Public health law in a nutshell by James G. Hodge, 4th ed., West Academic Publishing, 2022.
What to do about personnel problems in Massachusetts, BLR, loose-leaf.
See Smoking-National and Smoking-Massachusetts.
Contact for Massachusetts law about smoking
Online
| Last updated: | March 7, 2025 |
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