The Massachusetts Supreme Judicial Court Has Upheld Brookline's Ban on Tobacco Sales Across Generations

In a significant victory for proponents of anti-tobacco measures, the Massachusetts Supreme Judicial Court has upheld a groundbreaking generational tobacco ban endorsed by voters and implemented by the town of Brookline. This legislation prohibits individuals born after January 1, 2000, from purchasing tobacco products and e-cigarettes, effectively paving the way for what has been termed a tobacco-free generation.

Associate Justice Dalila Argaez Wendlandt, in her ruling, emphasized the alignment of the bylaw with local regulations permitting the restriction or prohibition of tobacco sales. She stated, "The bylaw is rationally connected to a legitimate government interest and does not conflict with the minimum age standard set by the state."

The initiative originated from a November 2020 vote in Brookline, Massachusetts, where residents approved an amendment to municipal laws, enforcing the ban on tobacco and e-cigarette sales to those born after January 1, 2000. Following its enforcement in 2021, a coalition of gas station and convenience store proprietors contested the law, arguing its preemption of state regulations. Despite warnings issued to the Brookline Select Board regarding legal challenges, the Massachusetts Superior Court ruled in favor of the town in October 2022.

Situated southwest of Boston, Brookline boasts approximately 60,000 inhabitants and now stands as a trailblazer in the pursuit of tobacco control measures.