PEABODY — The Board of Health discussed implementing stricter regulations that would ban the sale of tobacco products to people born after a specific date at its meeting on Monday.
The board had previously discussed the Brookline Board of Health’s regulation of tobacco sales at its April 24 meeting, referencing the town’s Tobacco-Free Generation Bylaw, which was adopted in 2020 and put into effect in August 2021. The bylaw bans the sale of tobacco to anyone born on or after Jan. 1, 2000, according to an Associated Press article.
The Massachusetts Supreme Judicial Court upheld Brookline’s bylaw in March 2024, according to the article.
Director of Public Health Sharon Cameron brought up the court’s ruling at the board’s meeting in April to gauge interest from the board’s members.
During Monday’s meeting, Cameron said that over time, the bylaw would decrease the number of residents who are eligible to purchase tobacco products.
Cameron said health departments and boards in other municipalities have been considering similar regulations since the New England Convenience Store and Energy Marketers Association lost its appeal in the Massachusetts Supreme Judicial Court. The Board of Health has received inquiries asking if it would be taking similar action.
Board member Anthony Carli said that in addition to the effect on public health such a regulation would have, he also needs to consider the economic impacts it would have on the community.
“It’s very important that we continue to reduce smoking. I think policy is, and it’s been shown, the most effective tool that we have to reduce smoking,” Board member Dr. Julia Fleet said. “The policy is very effective. I think it is within the purview of the Board of Health to make this determination.”
However, Dr. Fleet said tobacco is a legal substance and that the “angle of the issue is beyond the scope of the Board of Health.”
Board Chair Thomas Durkin said he typically tries to minimize regulation and seek to “affect behavioral changes through information,” but this situation is different.
“As members of the Board of Health, we have a duty to do what we can, within reason, to promote better health,” he said. “If it’s our responsibility, then I’d be in favor of doing what Brookline has done and trying to set a date so younger people, and as they get older, older people can’t buy cigarettes and other tobacco products.”
Durkin proposed discussing the issue during a public hearing at a future meeting.
Carli agreed and recommended inviting the public, city councilors, Mayor Ted Bettencourt, and other local elected officials to the hearing.
Dr. Fleet clarified her stance by saying she supports Brookline’s regulation, but agrees that there should be a bigger conversation with the wider community around the issue.
The board agreed to hold a public hearing at a meeting in the fall, with the date of the hearing yet to be determined.
Cameron said she will monitor how surrounding communities react to the issue and provide further information at the board’s next meeting on July 25.
