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Flavoured tobacco bans—particularly those targeting menthol—have the potential to reduce long-standing health disparities in the USA.1 A 2022 simulation projected that a nationwide menthol ban could prevent over 255 000 premature deaths and generate more than 4 million life-years among non-Hispanic Black Americans between 2021 and 2060.2 While national action could drive broad impact, much of the momentum has come from cities and states pursuing their own restrictions. However, as part of an ongoing strategy to limit local authority, the tobacco industry continues to resist flavoured tobacco restrictions through state-level pre-emption. This approach dates to the 1965 Federal Cigarette Labeling and Advertising Act, which the tobacco industry leveraged to block stricter state and local action.3