The Health and Human Services Department is committed to employ strategies, policies and activities to reduce tobacco use in Evanston that as a result will decrease deaths, hospitalizations and prevent chronic diseases associated with tobacco.  According to the CDC, tobacco use is the leading cause of preventable disease, disability, and death in the United States. Over 16 million people live with at least one disease caused by smoking, and 58 million nonsmoking Americans are exposed to secondhand smoke.

As one of the Department’s public health goals, the department has embarked on a number of interventions and legislature to promote tobacco cessation activities, create smoke free environments and developed actions to prevent youth from starting to use tobacco. As a leader in tobacco prevention policies, the City has established a series of laws discourage tobacco use and second hand smoking. A list of current legislature is provided below.

Ban on Flavored Tobacco and Menthol Products, Ordinance 74-O-23

• Establishes that it is unlawful for any tobacco retailer to sell, offer for sale, display, market, or advertise any flavored tobacco product recommended by the Human Services Committee, including menthol with Evanston City limits.
• Establishes a fine structure for any person who violates the Ordinance, including a mechanism whereby a third violation in a 24-month period results in revocation of the tobacco license.
• Establishes an inspection by Health and Human Services staff at least once a year, including follow-up and complaint inspections.
• Establishes an effective date of April 1, 2024, for the ban and added language regarding cooling and numbing sensation items under the definition of flavored tobacco.

Frequently Asked Questions 

• When do retailers have to start complying with the law? 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.

• Is it illegal to sell flavored tobacco products Evanston?  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.
  • Example list of banned products - This list does not contain all flavored tobacco products

• Is it illegal to buy flavored tobacco products 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.

• Can I continue to sell flavored tobacco products that are already in my stores after the state law goes into effect? 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. 

• What types of retail locations does the Ordinance apply to?  The Ordinance applies to a retail location where tobacco products are sold at retail within Evanston City limits.

• Can customers place an order for flavored tobacco or menthol products online and pick them up at a retail location? 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. 

• Are e-cigarettes and other devices used for smoking or vaping nicotine or other liquids prohibited under the City Ordinance? 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.

• Is mint or menthol flavor included in the Ordinance? 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.

• Can I be penalized for selling a flavored tobacco product if I didn’t know that the product was flavored? 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.

• What can retailers do with excess or unsold inventory? 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.

• Who should I contact with enforcement questions or to report violations of the ban of flavored tobacco and menthol products Ordinance? Please contact the Evanston Health and Human Services Department by calling 311 or 847-448-4311. We can also be reached by email at health@cityofevanston.org. 

Tobacco 21, Ordinance 111-0-14

• It is unlawful for any person to sell, offer for sale, give away, or deliver tobacco or liquid nicotine products to any person under the age of 21 years.
• Any person under the age of 21 cannot sell, purchase, or possess tobacco products.
• Violations of this ordinance will result in a $200-$500 for each offense. Additionally, a licensee convicted of violating any provision may be subject to having his/her license revoked, suspended, or not renewed by the Health Director.

Clean Air Act, Ordinance 38-0-08

Places where smoking is prohibited:

• All business, including all restaurants, bars, and sidewalk cafes;
• All public enclosed areas, all workplaces, all schools;
• Beaches, playgrounds, and tot lots;
• Public transit (buses, el, and Metra) stops and platforms;
• All common areas in apartment buildings and condominiums and housing cooperatives; and 
• Within 25 feet of any entrance to an enclosed area in which smoking is prohibited.

Smoking is not regulated in:

• Private residences except when used as a licensed child care, adult care, or health care facilities, or home-based business open to public, "provided that smoke from these places do not infiltrated into areas where smoking is prohibited" in Evanston Clean Air Act--Smoking;
• Up to 25% of hotel or motel sleeping rooms;
• Retail tobacco stores; and 
• Private clubs or lodges.

Violators of this law will face a fine of $100 to $500 for each day a violation occurs.