Plymouth Board of Health hears proposal for generational ban on tobacco, nicotine products

The Plymouth Board of Health heard arguments Wednesday surrounding a proposed generational ban on tobacco and nicotine products as an increasing number of cities and towns throughout Massachusetts vote to adopt the measure.

The board heard a presentation of the proposed ordinance, called the Nicotine Free Generation (NFG) policy, conducted by Melrose Tobacco Prevention Manager Maureen Buzby and Belchertown Board of Health member Ken Elstein, who are part of the group Yes to Nicotine-Free Generation.

If adopted, the ordinance would prohibit the sale of all tobacco and nicotine products, including cigarettes, e-cigarettes, cigars, vaporizers and chewing tobacco to anyone born on or after a certain date. Typically, cities and towns that adopt the policy choose the age of 21 as a cutoff, based on the date the policy becomes effective.

“Smokers are literally dying off. Smoking rates are down, that’s true, although recent reports indicate smoking among young people is rising once again, which is hugely concerning, of course. The industry needs replacement customers. What market would you want if you were in the industry? Young people, kids whose brains aren’t fully developed,” Buzby said. “We all know the industry playbook: They’re going to try to appeal to our kids. You attract a child and you may have a customer for life.”

Cambridge Stephen Helfer joined the meeting to speak against the NFG policy, saying that it is “selling the youth of today short.”

“Massachusetts deems adults as capable of making their own decisions regarding marijuana and alcohol. I think we have 600 marijuana stores and the state has just approved marijuana cafes. We have about 2,000 liquor outlets. Both of these products can impair judgement and compromise driving skills. Tobacco and nicotine, on the other hand, neither impair judgement or compromise driving skills,” said Helfer. “Adults of Massachusetts and the future adults of Massachusetts are capable of making their own decisions. They do not need to be prohibited from using these products.”

But Buzby says nobody who is already old enough to legally smoke will be affected by the policy.

“No one who is already 21 loses his or her privilege to purchase tobacco. This policy only affects those who do not now and have never been able to buy nicotine products. If you are 21 [or older] on the effective date of this policy you are grandfathered in,” Buzby said.

“It doesn’t impact any person who has legally purchased nicotine products before. And it gives merchants so much more time to change their businesses,” added Elstein. “We heard about a merchant who switched to sandwiches, but, of course he’s only losing one-percent of his sales. They’re still selling gasoline and potato chips and all the other things. It hasn’t been a problem and I don’t know of any other town that’s had any experience different from that.”

Town resident Daniel Griffin also spoke out against the proposal, saying prohibition in America has historically failed and opens up the door to more issues in the future.

“I just really don’t like the idea of prohibition. Prohibition has never worked, it never will work. I just think you’re opening up the door to other problems down the road, like black market and illicit sales,” said Griffin. “People selling cigarettes out of their car, stuff like that,” added town resident Daniel Griffin, who also spoke out in opposition to the proposal.

The NFG movement has been growing in popularity across Massachusetts, with 21 cities and towns adopting the policy so far. The Town of Amherst was the most recent to adopt the policy, with Brookline becoming the first to do so in 2020, banning anyone born after January 1, 2000 from being able to buy nicotine and tobacco products.

Town meeting voters in Bellingham most recently rejected the NFG ordinance, while an NFG bylaw enacted by the Board of Health was recently rescinded by town meeting voters in Manchester-By-The-Sea. Similar bylaws have been rejected in Worcester, Peabody, Milton, Westfield and Westminster.

Convenience store owners are slamming the proposal as restrictive and unnecessary.

New England Convenience Store & Energy Marketers Association (NECSEMA), which represents thousands of New England convenience stores, opposes the measure, arguing the NFG policy is discriminatory, “restricts the free choices of legal products to adults,” and creates and supports a “dangerous illicit market,” among other things.

“Fewer than two out of 100 (1.8%) youth nationwide report using a nicotine pouch in the last 30 days. More than three times (6.3%) that number reports using marijuana. This plan proposes to fix a problem that doesn’t exist,” NECSEMA said in a statement. “The proposed regulations do nothing to address under-age youth use of tobacco and nicotine products.”

No vote was taken by the board and no date of when a vote will take place has been scheduled at this time.

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