Court bans anyone born in 21st century from buying tobacco products

As part of the efforts geared at clamping down on cigarettes and tobacco product, the Massachusetts Supreme Judicial Court has upheld the town bylaw barring anyone below the age of 21 from buying tobacco products.

The bylaw, which was adopted by Brookline in the year 2020, was upheld last week by the state’s highest court, suggesting the possibility of other communities following suit in the nearest future. If this happens, there may be a total ban on all future generations from purchasing tobacco.

Recall that the bylaw, which bans the sale of tobacco to anyone born on or after Jan. 1, 2000, became effective in 2021 in the town with a population of about 60,000.

The former Republican Governor of Massachusetts, Charlie Baker, had signed into law in 2018 that anyone under the age of 21 is barred from purchasing any tobacco product in the state.

The Massachusetts Supreme Judicial Court in his judgement said,

“Cities and towns have a lengthy history of regulating tobacco products to curb the well-known, adverse health effects of tobacco use.

“Importantly, state laws and local ordinances and bylaws can and often do exist side by side. This is particularly true of local ordinances and bylaws regulating public health, the importance of which we have long acknowledged.”

However, there have been mixed reactions to the development. While the supporters of the law argue that state law acknowledges the authority of local communities to enact their own measures to limit the sale of harmful products, those dissatisfied with the law argued that it is in conflicts with the 2018 state law which allows anyone above the age of 20 to purchase tobacco products

The Executive Director of the New England Convenience Store and Energy Marketers Association, Peter Brennan, has said that the association will possibly appeal the decision at the U.S. Supreme Court. In his argument, Brenna stated that the law intentionally enacted to target tobacco, while the rules for marijuana remain the same. He said, “It’s a question of how else can we demonize this product. It’s about trying to be a trendsetter, tying to be first in the nation.”

In the same vein, the President of the Retailers of Massachusetts Association, Jon Hurst, took to his twitter account to criticize the ruling, adding that it could lead to a hodgepodge of rules.

Jon Hurst

He tweeted, “351 different rules doesn’t make sense for interstate commerce. Local government should focus on schools, public safety, trash services, etc.”

In his own reaction, the Executive Director of the Public Health Advocacy Institute at Northeastern University’s School of Law, Mark Gottlieb, who represented Brookline, argued that Brookline’s approach only targets the next generation of would-be tobacco users, not current purchasers. Gottlieb said, “Friday’s ruling makes it absolutely clear that any city or town in Massachusetts can start the clock on ending the sale of tobacco products by following Brookline’s example without fear of a legal challenge.”