The Massachusetts Supreme Judicial Court upheld a law in the town of Brookline that bans the sale of tobacco products to anyone born on or after Jan 1, 2000.
The gradual phase-out of tobacco sales based on birthdate is often called Tobacco-Free Generation. The law forbids only commercial sales, not the purchase, possession, or use of tobacco, meaning the act of smoking is not criminalized.
Brookline’s Tobacco-Free Generation law was first passed at a town meeting on Nov 17, 2020. Before passing the law, Brookline sought an opinion from then-Attorney General—and now Governor—Maura Healey, who concluded that the policy was not preempted by state law. The law has remained in force during litigation, and people 23 years of age or younger cannot be sold tobacco in Brookline.
The lawsuit leading to the decision was brought by a pair of retailers in Brookline who argued that the policy is preempted by state law, despite the existing legal opinion saying the opposite. The original case was thrown out on a motion to dismiss, and the plaintiffs appealed to the state supreme court.
Anti-tobacco organization Action on Smoking and Health applauded the decision. “Today’s decision signals that we’ve moved from mitigating the death and disease from tobacco to ending it,” says Laurent Huber, executive director of Action on Smoking and Health, in a release.
Brookline was the first town in Massachusetts to ban smoking in bars and restaurants and among the first to ban all flavors in tobacco products, including menthol. Massachusetts was also the first state to ban all flavors in tobacco products.
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