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New England Retailers to Rally Against Generational Ban Proposal

A new proposal by the board of health in Peabody, Mass., would prohibit tobacco sales to anyone born after Jan.1, 2004.
tobacco backbar at retail

PEABODY, Mass. — The New England Convenience Store and Energy Marketers Association (NECSEMA), an industry association which represents thousands of convenience stores across New England, publicly rebuked a proposed ordinance from the Peabody Board of Health in Peabody, Mass., which would forever bar the sale of nicotine products to anyone born on or after Jan. 1, 2004

The organization is encouraging its members or any other concerned retailers to attend a meeting the board will be hosting to review updates to their local tobacco regulations on Thursday, Sept. 26 at 4:30 p.m. ET. 

One of the policies under consideration is the proposed bylaw, which was modeled after a similar measure passed and upheld by the Massachusetts Supreme Judicial Court in Brookline, Mass

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Though the meeting is not an official public hearing, anyone can attend in person or remotely and speak to the board if public comment is allowed. Similar measures throughout the state have been discussed recently at public board of health meetings in Newton, Medford, Lexington and Northampton. 

If approved, the so-called "nicotine-free generation" measure would prohibit the sale of all tobacco and nicotine products including cigarettes, e-cigarettes, cigars and chewing tobacco.  

NECSEMA raised several concerns over the measure, including its belief the ordinance:

  • Haphazardly applies a discriminatory ban against the purchase of legal products by adults over the age of 21, treating them differently from those born before them.
  • Creates and supports a dangerous illicit market.
  • Does nothing to address under-age youth use of nicotine and tobacco products.

"Restricting the free choices of legal products to adults is fundamentally wrong," the organization stated in a press release. 

Should the Peabody Board of Health decide to move forward with the proposed measure, a public hearing on the prohibition will be held at the Oct. 24 meeting.

Convenience store operators in the region interested in attending the initial discussion on Spet. 26 may do so in person at Peabody City Hall on 24 Lowell St. in Peabody. A Zoom link will also be available for those who would prefer to attend remotely.

NECSEMA represents and promotes the interests of the convenience store and transportation fuel industries across New England by providing its members with legislative and regulatory advocacy on key issues and valued services for all members, including resources, networking, training and educational programs.

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