A group of legislators in Massachusetts is making efforts to convince their fellow lawmakers to endorse a forward-thinking initiative that aims to prohibit tobacco products, thereby phasing out their use over time. This approach is based on similar “generational tobacco bans” considered in various locations, which are designed to phase out tobacco sales based on individuals’ birth years rather than merely their age.
In 2018, Massachusetts implemented legislation that raised the legal purchasing age for all tobacco products, including cigarettes, cigars, and electronic cigarettes, to 21. Additionally, the state has banned the sale of flavored tobacco products to combat youth interest in nicotine. The new legislative proposal, expected to be introduced next year, aims to escalate these anti-smoking efforts by gradually eliminating the sales of all tobacco and nicotine products. If successful, this bill would ensure that younger generations who are not old enough to buy these products would never be able to do so legally in Massachusetts, effectively preventing the emergence of new users. The legislation would specifically exclude marijuana and adjust the cutoff date so that individuals who are 21 or older when the law is enacted would not face restrictions.
Brookline, a town adjacent to Boston with a population of roughly 63,000, has already implemented a generational smoking ban, becoming the first municipality in the U.S. to do so in 2020. Instead of merely raising the legal purchasing age, Brookline’s bylaw restricts the sale of tobacco to anyone born on or after January 1, 2000, and this ruling took effect in 2021. Consequently, this means that at some future point, tobacco purchases would be prohibited entirely in the town. The ban faced legal challenges, but earlier this year, the highest court in the state upheld the ordinance. Numerous other municipalities in Massachusetts, such as Malden, Melrose, Reading, Stoneham, Wakefield, and Winchester, have also enacted similar bans.
Support for the statewide proposal remains uncertain. Democratic state Senator Jason Lewis, one of the proponents, emphasized that the bill could significantly benefit public health by “saving countless lives” and fostering a healthier environment for future generations. He highlighted the alarming health risks associated with nicotine and tobacco, especially among young people, noting that these products are addictive and significantly contribute to health issues such as lung cancer, heart disease, and strokes. Statistics from the Centers for Disease Control and Prevention indicated that nearly 90% of adults who smoke daily began before age 18, with about 40% of students currently using some form of tobacco product.
However, Peter Brennan, the executive director of the New England Convenience Store and Energy Marketers Association, criticized the proposal, arguing that it would adversely affect small shops that depend heavily on tobacco sales. He expressed concerns that it would place businesses near state borders at a disadvantage compared to neighboring areas where tobacco sales remain legal for adults. Brennan warned that denying certain adults the right to purchase a legally restricted product could raise constitutional issues and cited previous prohibition attempts in areas like alcohol, marijuana, and gambling that have generally been unsuccessful.
The level of legislative support for the proposal is currently unclear. Over the years, Massachusetts has taken numerous steps to diminish smoking rates, such as increasing cigarette taxes. If the proposed statewide smoking ban is enacted, it could potentially lead to a reduction in these tax revenues, although Lewis argued that the savings on healthcare costs would more than compensate for any lost revenue. According to data from the Massachusetts Department of Public Health, 10.4% of adults in the state reported smoking cigarettes in 2022.
Other regions are also considering similar bans. Some lawmakers in California have proposed legislation to outlaw all tobacco sales to anyone born after January 1, 2007. In 2022, New Zealand was the first nation to implement a lifetime ban on cigarette sales to young individuals, prohibiting sales to anyone born on or after January 1, 2009; however, this law was later repealed. Additionally, U.K. Prime Minister Rishi Sunak had sought to incrementally increase the legal age for purchasing cigarettes by one year each year until it was illegal for the entire population, but this proposal failed to secure approval earlier this year.