Two Massachusetts cities plan to ban tobacco and nicotine sales to people born after 2004

Medford and Lexington, Massachusetts, are considering adopting a generational ban on the sale of tobacco and nicotine products in these municipalities, which would apply to anyone born after 2004. The decision is expected to be made in the coming days by the health boards of the two cities.

Brookline was the first city in the country to adopt a similar measure. Brookline’s “Generation Tobacco-Free” law was first passed by the city council on November 17, 2020. Before adopting the local law, Brookline consulted with then-Attorney General and now-Governor Maura Healey. Healey concluded that the local provision did not undermine state prerogatives in this area. However, the law was challenged in court by two retailers in the city, but the Massachusetts Supreme Court upheld the provision in March 2024.[1].

If the measure passes, Lexington and Medford will follow in the footsteps of six other Massachusetts cities: Melrose, Wakefield, Stoneham, Malden, Reading and Winchester, which have adopted similar bans.[2].

An effective measure to denormalize and reduce tobacco and nicotine consumption

While the United States lags behind federally in implementing effective tobacco control policies, individual states and cities have been particularly proactive since the 1980s. In recent years, some have adopted an arsenal of innovative measures. Massachusetts was the first state to ban all flavors in tobacco and nicotine products. However, while adopting a generational ban on the sale of these products at the municipal level sends a powerful message, the effectiveness of the measure remains dependent on the existence of a mass movement at the state level.

If the measure is adopted in these two cities, it should come into force on 1^er January 2025. It plans to ban the sale of tobacco or vaping products to anyone born since January 1, 2004. In other words, it would be prohibited to sell tobacco products and e-cigarettes to anyone under the age of 21 when the text comes into force. Medford and Lexington intend to limit the initiation of tobacco and nicotine products by adolescents. For Katharine Silbaugh, professor of law at Boston University, "this measure, in addition to limiting direct access to these products by minors, also helps prevent the purchase of these products by older peers."

Banning the sale of tobacco and nicotine products to youth is an effective alternative when banning the sale of tobacco products to the general population is not a feasible policy. While tobacco use is low among Massachusetts high school students (3.51% of regular users), it is particularly high for vaping products (17.21% of regular users).

©Generation Without Tobacco

AE

[1] Tobacco-free generation, Massachusetts Cities Move to Ban Tobacco, Vaping Sales, published on April 26, 2024, consulted on September 19, 2024

[2] Beth Treffeisen, Medford and Lexington are weighing a 'generational ban' on tobacco sales this week, and retailers aren't happy, Boston.com, published September 17, 2024, accessed September 19, 2024