Recently, several Massachusetts towns have been considering “nicotine-free generation” proposals that would ban the sale of tobacco and products to anyone born after a certain date. Massachusetts has a long history of implementing novel and onerous tobacco regulations. For example, general bans on flavored tobacco products began a decade ago in many Massachusetts localities and ultimately led to the Commonwealth becoming the first state to enact such a ban in 2020.
Nicotine-free generation proposals first surfaced in late 2020 when Brookline, Massachusetts, passed a bylaw banning the sale of tobacco and vapor products in Brookline to anyone born on or after Jan. 1, 2000. A collective of Brookline retailers sued to overturn the ban. After several years of legal proceedings, the Massachusetts Supreme Judicial Court upheld the Brookline bylaw in March.
After the Brookline ruling was published, there was a surge in consideration of nicotine-free generation policies around the Commonwealth, using Jan. 1, 2004, as the birthdate for prohibiting the sale of tobacco products. Malden, Melrose, Reading, Stoneham, Wakefield and Winchester have adopted this policy. Several other municipalities are currently considering the proposal.
NATO has been leading engagement efforts to inform stakeholders that these misinformed policies are not about youth—they instead target adults 21 and older, who should have the right to choose which legal products they purchase and use. Moreover, these bans do not distinguish between higher risk products such as cigarettes and harm reduction products such as vapes and nicotine pouches. This policy is nothing short of hypocrisy because Massachusetts permits adults to purchase alcohol and recreational cannabis, and to engage in gambling. Indeed, the Commonwealth has run its own 18 and older lottery games for over 50 years.
As evidenced by the statewide flavor ban in Massachusetts, prohibition policies do not work as sales shift to the illicit and illegal market where products are sold on the street, where no laws are followed, prohibited products are sold, and no age verification exists. In response, the Commonwealth formed a study committee, “The Illegal Tobacco Task Force,” which released a report that highlights the growing and largely unaddressed smuggling and other problems that have been created by the Commonwealth’s flavored tobacco ban.
Nicotine-free generation policies are just more prohibitionist-type regulations that are rife with unintended consequences. Due to this, it is imperative that Massachusetts store owners make their opposition to nicotine-free generation proposals known. Retailers and adult tobacco consumers should educate themselves and others and get engaged by going to www.citizensforadultchoice.com. They should also attend meetings in their locality when this issue is discussed and speak out against this misinformed policy.
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