Brookline, Massachusetts, is garnering national attention for its pioneering ordinance that prohibits the sale of tobacco to anyone born in the 21st century. The landmark bylaw, the first of its kind in the United States, was enacted in 2020 and recently upheld by the state's highest court. The ruling opens the door for other cities and towns to follow suit, further tightening regulations on cigarettes and tobacco products.

Taking effect in 2021, the rule implemented in the town of approximately 60,000 residents next to Boston bars the sale of tobacco to individuals born on or after January 1, 2000. This complements an existing Massachusetts law, signed by former Republican Governor Charlie Baker in 2018, that already prohibits anyone under the age of 21 from purchasing any tobacco product statewide, including cigarettes, cigars, and e-cigarettes.

Supporters of the Brookline measure emphasize that state law acknowledges the authority of local communities to enforce their own restrictions on the sale of harmful products. However, critics, including convenience store owners heavily reliant on tobacco sales, argue that the local bylaw contradicts the 2018 state law by establishing two categories of adults—one able to purchase cigarettes and one prohibited from doing so.

The Massachusetts Supreme Judicial Court sided with Brookline, asserting that cities and towns have a history of regulating tobacco products to mitigate the well-documented adverse health effects associated with tobacco use. The ruling highlights that state laws and local ordinances can coexist, particularly when it comes to public health regulations.

Peter Brennan, executive director of the New England Convenience Store and Energy Marketers Association, revealed that the group is considering appealing the decision to the U.S. Supreme Court. Brennan also pointed out the inconsistency between the stricter tobacco regulations and the unaltered rules surrounding marijuana sales. He expressed concerns about the demonization of the tobacco industry and suggested that the ban was an attempt to be a nationwide trendsetter.

Unimpressed by the court's decision, Jon Hurst, president of the Retailers of Massachusetts Association, criticized the potential proliferation of varying rules, stating that 351 different regulations would hinder interstate commerce. Hurst urged local governments to focus on core responsibilities such as schools, public safety, and waste management.

Mark Gottlieb, executive director of the Public Health Advocacy Institute at Northeastern University's School of Law, which represented Brookline, asserted that the ruling clarifies that any city or town in Massachusetts can initiate a timeline to end the sale of tobacco products, following Brookline's example without fear of legal challenges.

Similar measures have been considered by other governments globally. New Zealand passed a law in 2022 aiming to impose a lifetime ban on young individuals buying cigarettes, while the United Kingdom's Prime Minister proposed incrementally raising the legal age for purchasing cigarettes until it eventually becomes illegal for the entire population.

In Massachusetts, several towns have contemplated comparable bans, including proposals to prohibit tobacco and e-cigarette sales to individuals born on or after January 1, 2004. The state has implemented various measures in recent decades to reduce smoking, such as increasing cigarette taxes. In 2022, approximately 10.4% of adults in Massachusetts reported being current cigarette smokers.

The Massachusetts Supreme Judicial Court referenced a previous ruling involving a company licensed to operate cigarette vending machines in Provincetown. The court ruled in favor of the town, maintaining that state and local laws were not contradictory since both banned the sale of cigarettes to minors through vending machines.

Brookline's bold approach, specifically targeting future generations of tobacco users, provides a significant precedent for other communities seeking to curb the use of tobacco and its associated health risks.