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From Provos, Sara < S Provos@yarmouth.ma.us >
Date Fri 2026-04-03 1 1:27 AM
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Good morning,
The article below was in the Cape Cod Times today.
This message is for informational purposes only and is not intended to start any discussion
outside of a posted meeting. Please do not reply to this email with comments or opinions.
Tha nk you,
Sa ra
Barnstable has joined a growing list of Massachusetts towns saying "no" to a
Nicotine Free Generation policy that would have permanently banned
anyone born after a certain year from buying nicotine-containing products
within the town.
The Board of Health recently voted 4-1 to reject the measure, which the
Barnstable County tobacco control program introduced to the board as part
of several state grant-supported proposed tobacco control regulations.
Residents and business owners attending a March z4-pgblideafing on the
proposal urged the board to dismiss the measure, calling it an "overreach"
that would not only infringe on personal choice but also hurt small
businesses.
Cape Cod Times Article - NFG
David Lawler, an attorney representing local businesses opposing the
regulation, warned the board that banning legal sales would not eliminate
demand but push it elsewhere.
"The issue here is the unintended consequences," he said, arguing that
consumers would turn to online sellers, neighboring towns, or unregulated
markets. "So, you're almost encouraging people to ... go to the black market
to get these products."
Opponents: Fairness, economics, personal choice
Some opponents focused on fairness and economic impact, while others
focused on personal choice.
"I personally don't smoke, but it doesn't offend me," said resident Eric
Schwalbe. "Some people like to smoke. Some people prefer to smoke. Some
people can't stop smoking. And they have rights. They should have the right
to buy a pack ofcigarettes ... and businesses have rights to distribute
products without undue regulation."
He added that "the amount of regulation on smoking products is already
insane, and the amount of regulations on retailers is increasing. And then
we're concerned that all the storefronts are empt5r."
Board member Donald Guadagnoli, a physician, acknowledged the well-
documented dangers of smoking and nicotine products but iriticized the
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proposal as the latest example of an "over-regulated, non-business friendly
commonwealth."
The Nicotine Free Generation measure would ban sale of all tobacco and
nicotine products to anyone born on or after Jan. 1, 2006. It stems from a
state Senate bill introduced in January zoz5 (S.1568) and targets cigarettes,
e-cigarettes, cigars, chewing tobacco and nicotine pouches, while leaving
access intact for current adults.
Yarmouth officials have also been reviewing the proposal - the only other
tor.rm on the Cape doing so at this time. Just as at the March z4 hearing in
Barnstable, participants at a recent Yarmouth hearing also voiced only
opposition.
According to the Yarmouth health board, Nicotine Free Generation policy is
"designed to gradually phase out the sale of nicotine products to future
generations by establishing a birth-year cutoff for legal sales.
"The goal of this approach is to reduce nicotine addiction over time by
preventing initiation among younger generations while avoiding disruption
for current adult consumers," the Yarmouth board notes on the toum
website.
The New England Convenience Store and Energy Marketers Association,
which represents stores across New England, joined the opposition to the
generational ban.
"when the debate is moved out of the backrooms of town halls and the facts
are brought to light, more and more communities are realizing this is a
highly-flawed policy that creates more problems than it solves," said
association Executive Director Peter Brennan in a March 27 statement.
"Barnstable was correct in finding that this proposal exceeds the traditional
bounds of public health regulation and that appointed boards shouldn't be
imposing lifetime bans on legal adults," he added. "Other communities
considering thes_e absurd policies would be wise to reexamine them and put
resources into education and awareness rather than misguided bans thaf
don't work."
The organization urged other towns to follow Barnstable's lead and reject
"Nicotine Free Generation" in favor of "proven, evidence-based approiches
t-o reducing youth nicotine use," arguing that "banning legal adulf products
drives consumers to illicit markets, supports criminal activity, andstrips
awaymillions in tax dollars from Massachusetts - most of which will go to
neighboring states where such bans do not exist."
"NFG does nothing to stop underage nicotine use, harms small businesses,siphons away millions in tax dollari and encourages illegal trafficking,,,Brennan said. "Barnstable i! doing the right thinf by saling no to miiguidednanny state policies that will cost Massachusettshiilions ii lost revenueevery year while doing nothing to address smoking and addiction.,,
other towns that have also_rejected Nicotine Free Generation policy includeAshland,-Bellingham, Franklin, Lynnfield, Medfield, Milton, peabody,
Westfield and Worcester.
Barnstable health board members on March z4 additionally reviewed otherpotential restrictions - including nicotine pouch limits, reiail permits andpricing rules - and chose to leavi the unchinged, relying on existing statelaw to regulate sales to minors.
H e ather M cc a_rr on, hmc c arc on @ c ap e c o d o nlin e. com, w rit e s ab o ut u itdlifeand marine life; uthales, sharks, sea turtles, woods Hore oceanographic"Institution, and local history, in additton to climate change, enuironmentand offshore wind stories related to the cape and Islandi, and rssues in
B ar nst ab le, F almouth and B r ew st er including b e ach e s, p olitic s, I o c altrending news, and as assigned.
Sara Proaos
Town of Yarmouth
Health Department
508-398-2231 ext. L247