Brookline, which adopted an unusual ordinance banning the sale of tobacco to anyone born in the 21st century, is being looked at as a possible model for other cities and towns hoping to further clamp down on cigarettes and tobacco products. The bylaw was adopted by Brookline in 2020 and last week was upheld by the state’s highest court.
Brookline, which adopted an unusual ordinance banning the sale of tobacco to anyone born in the 21st century, is being looked at as a possible model for other cities and towns hoping to further clamp down on cigarettes and tobacco products.
Critics of the Brookline law, including convenience store owners who rely on the sales of tobacco products for a significant portion of their income, disagreed however, arguing that the Brookline law conflicts with the 2018 state law which allows those over the age of 21 to purchase tobacco products — and would establish two sets of adults, one that could buy cigarettes and one that couldn't.
Peter Brennan, executive director of the New England Convenience Store and Energy Marketers Association, said the group is looking into possibly appealing the decision to the U.S. Supreme Court.“It’s a question of how else can we demonize this product,” Brennan said. “It’s about trying to be a trendsetter, tying to be first in the nation.”
Brookline’s approach only targets the next generation of would-be tobacco users, not current purchasers, according to Mark Gottlieb, executive director of the Public Health Advocacy Institute at Northeastern University’s School of Law, which represented Brookline.
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