We share the goal of reducing tobacco-related death and disease. But we believe prohibition is not the answer. Americans agree. 

In fact, a large majority of Americans believe the best approach to tobacco regulation is harm reduction — preventing underage use and providing adult smokers the support, information, and choice they need to quit or move to less harmful smoke-free alternatives.

We work with an array of stakeholders to advocate against prohibition-based proposals that threaten to create large illicit markets and undermine the legal, FDA-regulated system.

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Watch to learn about the challenges posed by prohibitionist policies, including the growth of illicit markets; and how a better approach is harm reduction, a public health strategy successfully employed in many other areas.

Conducting the Surveys

In 2023 and 2024, we conducted research in California, New York, and Washington, DC to better understand the marketplace impact of bans on flavored tobacco in these locations. 

A sampling of empty discarded packs in 10 metropolitan areas of California by a third-party research firm showed that, rather than end the use of flavored tobacco products, the ban led to a large-scale consumer shift to illegal products. Specifically, 97.9% of the discarded vapor product packaging found by researchers was for flavored vapor products – all of which are illegal to sell in the state. Similarly, 21.1% of cigarette packs found were menthol or menthol work-around products, compared to 24.5% of the legal marketplace being menthol pre-ban.1 Review the California survey results.

In New York City and Washington, DC, bans on flavored vapor products had similarly poor real-world compliance. Over 99% of vapor products found in both locations were still flavored, well after implementation of bans. In DC, which also banned menthol cigarettes, menthol cigarettes made up 63.3% of the cigarette packs found, compared with 64.6% of the legal marketplace before the ban was implemented.2 Review the New York City and Washington, DC survey results.

Request Access to Data

The Discarded Pack Survey data sets are available, with some restrictions, to public health researchers via a data request process. To submit a request, please download and complete this form and send it back to Scott.W.Drenkard@altria.com.


1California’s Flavor Ban Leads to Large Illicit Market,” Altria Press Release, Oct. 10, 2023.

2 Management Science Associates Inc. data, FY2022 figure.