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New Zealand & Massachusetts introduce generational smoking bans

Brookline, a town in Massachusetts, and New Zealand are taking steps to prevent younger generations from ever using tobacco products. The goal is to prevent rising adults from ever having the opportunity to become addicted to nicotine. The tobacco industry claims that they are not trying to attract new customers, but tobacco use has not dramatically decreased even as old generations of smokers have passed away. Katharine Silbaugh, a co-sponsor of Brookline’s ban and an elected official in Brookline’s town government explained, “this ordinance doesn’t blame smokers for being smokers.” Instead, it discourages future generations from smoking.  

In 2021, Brookline introduced a generational smoking ban which prohibits anyone born after January 1, 2000 from buying tobacco products ever. As a result, anyone who turned 21 this year will be unable to purchase nicotine products in Brookline even though they meet Massachusetts legal age for buying tobacco. This plan involves raising the legal smoking age each year to prevent younger generations from ever legally smoking while allowing existing smokers to continue having access to tobacco products. Essentially, the ability to buy tobacco will be tied to birth date rather than age. 

According to Silbaug, “there is terrific evidence that accessibility to substances increases use, so it’s not the case that what Brookline did will have no effect. It will have an effect.” This counters the concern that people who are in search of tobacco products can simply go to neighboring towns.

Although there has been a decrease in tobacco use, Brookline did not have a substantial tobacco problem to begin with. Reports state that only 6.8% of adults in Brookline smoke which is half of the statewide rate of smokers. 

New Zealand is interested in mirroring Brookline’s plan and is proposing to create a generational smoking ban. The proposed plan would make New Zealand home to one of the most restricted retail tobacco industries in the world. 

Many politicians in New Zealand see this program as “excessive state interference that will hammer businesses.” For some gas stations, tobacco products makeup almost half of in store sales. Sunny Kaushal, the leader of an organization that advocates for small business owners, says that businesses who are impacted should be compensated. 

Elias Audy and Omar Audy, owners of Mobil gas stations in Brookline, are concerned about the potential customer decline following the bans on tobacco products. They stated concerns that those who are looking to purchase tobacco products will be forced to go to a neighboring town and will likely fill up on gas and other products while there. Audy would prefer a nationwide ban because it would feel more fair rather than simply taking away their business and giving it to other towns.

There is also a fear that customers would express anger on employees when they are denied from purchasing tobacco products. Many small business owners in Brookline are working together to sue the town “in an effort to overturn the policy, arguing it conflicts with state law and discriminates against patrons based on their birthdates.” Adam Ponte, the plaintiffs attorney, also claims that the tobacco banning policy discriminates against people based on the day they are born. 

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