Several Massachusetts legislators are advocating for a state-wide ban on tobacco products, a move that would make Massachusetts a pioneer in this public health initiative.
Other regions have explored similar “generational tobacco bans,” which phase out tobacco use based on birth year, not just age.
A 2018 Massachusetts law raised the minimum age for purchasing tobacco products (cigarettes, cigars, e-cigarettes) to 21. Massachusetts has also prohibited the sale of flavored tobacco to curb youth nicotine use.
This new proposal, slated for filing next year, aims to further reduce smoking by gradually eliminating all nicotine and tobacco sales. Passage would mean that those too young to legally buy tobacco currently would never legally be able to do so in Massachusetts, preventing the creation of new users.
Marijuana would not be included, and the cutoff date will be adjusted upon passage to exempt individuals aged 21 and older.
First town to adopt a generational smoking ban
Brookline, a Boston suburb with approximately 63,000 residents, became the nation’s first municipality to implement such a ban in 2020. Instead of raising the purchasing age, the bylaw prohibits tobacco sales to anyone born after January 1, 2000. It took effect in 2021.
This effectively means a future elimination of tobacco sales in the town. While challenged, the state’s supreme court upheld the ban earlier this year.
Other Massachusetts towns and cities have also enacted similar bans, including Malden, Melrose, Reading, Stoneham, Wakefield, and Winchester.
Unclear levels of support
State Senator Jason Lewis (D), a proponent of the statewide proposal, stated the bill would “save countless lives and create a healthier world for the next generation.”
He emphasized the devastating health consequences of nicotine and tobacco, particularly for young people.
Nicotine and tobacco are highly addictive and increase the risk of lung cancer, heart disease, stroke, and other illnesses.
According to the Centers for Disease Control and Prevention, almost all daily adult smokers started before age 18. Their 2024 data indicates that approximately 40% of students who have ever used tobacco products are current users.
Peter Brennan, executive director of the New England Convenience Store and Energy Marketers Association, argued the proposal would harm small businesses that rely heavily on cigarette sales.
It would also disadvantage stores near states where cigarette sales to adults remain legal.
He called it “a terrible idea,” asserting it infringes on adults’ rights to purchase a legal, age-restricted product.
He also suggested that such restrictions are likely unconstitutional and that past prohibitions on alcohol, marijuana, and gambling have been ineffective.
Legislative support for the proposal remains uncertain.
Massachusetts has implemented other anti-smoking measures, including cigarette tax increases. A phased statewide ban would likely lead to a decrease and eventual elimination of these taxes.
Lewis countered that reduced healthcare costs and other savings would more than offset any loss in cigarette tax revenue.
In 2022, 10.4% of Massachusetts adults reported smoking cigarettes, according to the state Department of Public Health.
Other places weighing similar bans
California lawmakers have introduced legislation to ban all tobacco sales to anyone born after January 1, 2007.
In 2022, New Zealand became the first country to enact a law aiming for a lifetime ban on cigarette purchases for young people, prohibiting sales to those born after January 1, 2009. The law was later [further information needed].
In the U.K., Prime Minister Rishi Sunak proposed annually increasing the legal smoking age until a complete ban is achieved. This proposal failed to gain approval earlier this year.