Court Affirms Town's Ban On Tobacco Sales To Anyone Born In 21st Century

Brookline's Massachusetts is making waves as it becomes a potential blueprint for stricter tobacco regulations across the nation.

As reported by news agency AP, Brookline made headlines in 2020 by adopting an unprecedented ordinance, the first of its kind in the United States, prohibiting the sale of tobacco to individuals born in the 21st century. Last week, the state's highest court upheld this pioneering bylaw, paving the way for other municipalities to follow suit.

The rule, effective since 2021, prohibits the sale of tobacco products to anyone born on or after January 1, 2000, in this town of approximately 60,000 residents neighbouring Boston. This initiative builds upon a 2018 state law, signed by former Governor Charlie Baker, which already banned individuals under 21 from purchasing tobacco products statewide, including cigarettes, cigars, and e-cigarettes.

Supporters of the Brookline measure emphasize that state law recognizes the authority of local communities to implement measures aimed at reducing the sale of harmful substances.

However, critics, particularly convenience store owners reliant on tobacco sales, argue that the Brookline law conflicts with the statewide regulation allowing those over 21 to purchase tobacco, creating an inconsistency and potentially hampering commerce.

The Massachusetts Supreme Judicial Court sided with Brookline, citing the town's historical precedent in regulating tobacco products to address well-documented health risks. The court stressed that state laws and local ordinances can coexist, especially in matters concerning public health.

Peter Brennan, Executive Director of the New England Convenience Store and Energy Marketers Association, expressed concerns over the potential demonization of tobacco and hinted at appealing the decision to the US Supreme Court. Despite this opposition, Mark Gottlieb, Executive Director of the Public Health Advocacy Institute, sees the ruling as a green light for other Massachusetts towns to emulate Brookline's initiative without legal repercussions.

This decision comes amidst global discussions on tobacco regulation. New Zealand, for instance, recently passed a law prohibiting tobacco sales to individuals born after January 1, 2009, although its Prime Minister plans to repeal the measure.

Meanwhile, in the UK, Prime Minister Rishi Sunak proposed incrementally raising the legal age for purchasing cigarettes until it becomes illegal for the entire population.

While a handful of Massachusetts towns are contemplating similar bans, the state has a history of anti-smoking initiatives, including tax hikes on cigarettes. In 2022, 10.4% of adults in Massachusetts reported smoking, reflecting ongoing efforts to reduce tobacco use.