Massachusetts Supreme Judicial Court Upholds Tobacco-Free Generation Law
Retrieved on:
Friday, March 8, 2024
SACRAMENTO, Calif., March 8, 2024 /PRNewswire/ -- In a decision that is likely to spur similar laws in other towns, the Massachusetts Supreme Judicial Court today upheld a law in the town of Brookline that bans the sale of tobacco products to anyone born on or after January 1, 2000. The gradual phase-out of tobacco sales based on birthdate is often called Tobacco-Free Generation (TFG). The law forbids only commercial sales, not the purchase, possession, or use of tobacco, meaning the act of smoking is not criminalized. Action on Smoking and Health applauds the decision.
Key Points:
- "This is an important day for myself, my family, my neighbors, and my state," said Katharine Silbaugh, a Brookline resident who co-sponsored the law.
- "This decision secures the right of Massachusetts towns to protect their residents' health by phasing out the sale of tobacco."
- Before passing the law, Brookline sought an opinion from then-Attorney General – and now Governor – Maura Healey, who concluded that the policy was not preempted by state law .
- The original case was thrown out on a motion to dismiss, and the plaintiffs appealed to the state supreme court.