Brookline: Massachusetts Supreme Court upholds ban on tobacco sales to people born after 2000

The Massachusetts Supreme Court has upheld a Brookline law that prohibits the sale of tobacco products to anyone born on or after January 1, 2000. The law only prohibits the commercial sale, not the purchase, possession or use of tobacco. The law, which has been in effect since 2020, was challenged in court by two Brookline retailers, who argued that the measure undermined state prerogatives[1].

Brookline's Tobacco Free Generation Act was first passed at a city council meeting on November 17, 2020.[2]. Before passing the local law, Brookline sought the advice of then-Attorney General—and now Governor—Maura Healey, who concluded that the local provision did not undermine state prerogatives in this area. The provision remained in effect during the litigation, and people 23 and younger cannot be sold tobacco in Brookline.

In its decision, adopted at theunanimity, Supreme Court Justice Dalila Wendlandt acknowledged that Brookline's ordinance was more restrictive than the minimum age standard in effect in the rest of the state, but the justices saw no legal impediment to that. They said the ordinance complemented state law by further limiting access to tobacco products to people under 21.

Pioneering cities in the fight against smoking

While tobacco control lags behind at the federal and state levels in the United States, some cities are taking a particularly proactive approach, adopting a range of measures that are recognized as effective. Brookline was the first city in Massachusetts to ban smoking in bars and restaurants, and one of the first to ban all flavors in tobacco and nicotine products, including menthol. Massachusetts was also the first state to ban all flavors in tobacco and nicotine products.

In California, the cities of Beverly Hills and Manhattan Beach have completely banned tobacco sales, and Dolgeville, New York, and Bloomington and Little Canada, Minnesota, have passed laws phasing out tobacco licenses. Three other cities in Massachusetts have held hearings on a possible “Tobacco-Free Generation” law in November 2023.

An effective measure to achieve a tobacco-free generation

For the Massachusetts Supreme Court justices and tobacco control advocates, banning the sale of tobacco products to young people is an effective alternative when banning the sale of tobacco products to the entire population is not a feasible policy. Such a measure helps prevent a new generation from becoming addicted to tobacco. This ban also helps denormalize tobacco use. It could also increase smokers' motivation to start quitting.

Keywords: Tobacco-Free Generation, Brookline, Massachusetts, United States, 2000,

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[1] Press release, Massachusetts Supreme judicial court upholds Tobacco-Free Generation laws, published March 8, 2024, accessed March 11, 2024

[2] Tobacco-free generation, Brookline Bans Tobacco Sales to People Born in 21st Century, published on July 21, 2021, consulted on March 11, 2024