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HomeMy WebLinkAboutMURPHY EMAIL 03_11_2026Dear Director Lewis and members of the Yarmouth Board of Health, I am writing in reference to your March 2nd discussion on the Nicotine Free Generation INFC) policy being proposed in Yarmouth. The proponents of NFG often, as seems to be the case here, are given the opportunity to promote the policy without equal time given to those who have a differing viewpoint. So, you have only had the benefit of hearing one side before a public hearing when opponents and proponents are allowed about three minutes to testify either way. Not only should you take equal time to hear the other side of the argum ent, but when the economic viability of businesses in Yarmouth are in question I don't believe it should be solely up to the board of health. Unfortunately, it is my expectation you will not grant this equal time, therefore I will lay out the reasons here you should consider for voting against this policy and hope you will give them the same thought and consideration you have given proponents of this policy. - lt will not and cannot work. The best indicator of future behavior is relevant past history. Prohibition has never and will never work. Make no mistake, this is prohibition. The fact that proponents are masking this as a "compassionate" option to wean people off tobacco and nicotine does not change what it is, prohibition. I would equate this policy to the proverb about boiling a frog. You don't throw a frog in boiling water, you set it in tepid water and gradually turn the heat up until it is dead. This policy does the exact same thing with grown adult's personal freedom to make their own risk-based choices like they do with alcohol, cannabis, gambling and a variety of other activities. - This policy will not prevent children from using nicotine products. Let's first state the obvious - it is already illegal for minors to purchase nicotine products. Anyone who does is doing so illegally. This does not make it more illegal for a minor to buy a nicotine product; lt only makes it illegal to do so when they become an adult. Think about thatl Seven years ago the Commonwealth of Massachusetts enacted a ban on flavored tobacco and nicotine products. By their own testimony, proponents of this policy state they find used flavored vapes in high school parking lots, which begs the question, "Where are they getting them"? 0nline? Black market outlets? Out of state? You can't ban something a second time and expect different results. The important answer is where they are not getting them. They are not purchasing these products from law abiding regulated retailers who haven't sold them since 2019 which will again be the only outlets not allowed to sell tobacco or nicotine products to legal aged adults. This policy will not change this; it will only punish regulated retailers while doing nothing to improve public health in the town of Yarmouth. - Enforcement and Education is the answer. Changing behavior is not effectively done through prohibition, it is done through educating users and potential users and enforcing these regulations through providers of these products. Even proponents of this policy will tell you education works. They provide zero evidence that prohibition works. The Commonwealth of Massachusetts has received over $6.3 billion in funds from tobacco users through the Master Settlement Agreement of 1998, yet they have used less than 2ol0 of that money for its intended purposes which are tobacco cessation programs and youth tobacco use prevention, instead placing these funds in the coffers of the State's general fund, receiving an "F" from The Cam paign for Tobacco Free Kids. Increasing education about the dangers of tobacco and nicotine use by children at a young age is the best way to prevent future use. Enforcing the current laws we have which state you have to be 21 years of age to buy tobacco and nicotine products and educating store owners about the dangers these products pose to kids and the health of their business has been very effective. Legitimate retail store owners don't want to see tobacco products in the hands of children, they are an integral part of our community. Most of them have their own children. Retailers that scoff the law should not be allowed to maintain a business where they could adversely affect a minor. Legitimate regulated retailers should be seen as part of the solution, not vilified as part of the problem, - Black Market It is estimated that 37% of all tobacco products in Massachusetts are sold on the black market. This means they are untaxed, unregulated or counterfeit. Licensed retailers are committed to selling products either approved by the FDA or going through the FDA approval process. Counterfeit products pose an especially high risk as evidenced by counterfeit vape products being sold on the black market where propylene glycol and vegetable glycerin were substituted for vitamin E to save money, causing major damage to the Iungs of unsuspecting users. - Next Generation Nicotine Products There is overwhelming evidence that modern nicotine products have become an effective offramp for people trying to quit cigarette sm oking. I am an example of this, as I have been off chewing tobacco for years thanks to nicotine pouches. There are numerous studies reinforcing this, one such study goes back to December of 2023. Dr. f asjit Ahluwalia "Do we stand on a self-proclaimed moral high $ound and undermine the tools that can help," he asked, "or do we genuinely commit to saving and enhancing lives? We practice harm reduction with methadone, seatbelts, helmets, speed limits, condoms, alcohol - why should tobacco be any different?" Passing so called Nicotine Generation policy will not protect kids, it will not stop adults from using tobacco or nicotine products, it will only make the products they're using more s dangerous while damaging hard-working Iaw-abiding retailers and providing no public health benefit to society. Chris Duffy CEO lames J Duffy Inc 390 Beacham Street Chelsea MA 02150 fames J Duffy Inc is a wholesale convenience store distributor supplying Massachusetts retailers since 1941.