HomeMy WebLinkAboutBOARD OF HEALTH NFG FAQSBoard of Health FAQ’s
Nicotine Free Generation (NFG)
1 . What is a Nicotine-Free Generation (NFG) Policy?
It prohibits retailers from selling tobacco or nicotine products to individuals born
after a specified date.
2. Does the policy criminalize youth?
No. The regulation applies to retailers and their sales permits, not individuals.
3. How is this different from Tobacco 21?
Tobacco 21 sets a minimum age. NFG uses a birth year cutoff so future cohorts
never become eligible purchasers.
4. Do Boards of Health in Massachusetts have authority to adopt this regulation?
Yes. Under Massachusetts General Laws Chapter 111, Boards of Health may adopt
regulations to protect public health.
5. Has this approach been upheld in court?
Yes. The Massachusetts Supreme Judicial Court upheld the generational tobacco
restriction adopted by Brookline in 2024.
6. Does the policy apply to vaping products and nicotine pouches?
Yes. Most regulations define tobacco products broadly to include ENDS devices,
nicotine pouches, and synthetic nicotine products.
7. How is the rule enforced?
Enforcement occurs through the existing tobacco retail permit system, including
inspections and potential permit suspension or revocation.
8. Why use a birth year cutoff?
The generational model gradually phases out tobacco sales without affecting current
adult purchasers.
9. What birth year cutoff is commonly used?
Many Massachusetts towns have used January 1, 2004, or January 1, 2005.
10. How would the rule be added to an existing regulation?
Typically, by inserting a new section into the town’s existing Regulation Restricting
the Sale of Tobacco Products.