Voters in Bellingham, Massachusetts, rejected a proposal to enact a “nicotine-free generation” (NFG) policy at the town’s annual meeting on May 28.
By a vote of 110 to 70, Bellingham residents voted down Warrant Article 19, which would have banned the sale of tobacco and nicotine products to any person born on or after Jan. 1, 2004.
The defeat followed a spirited public discussion in which 17 residents spoke, with 10 expressing opposition and just seven speaking in favor, according to a statement from the New England Convenience Store and Energy Marketers Association (NECSEMA).
“Bellingham’s rejection of nicotine-free generation is just the latest example of a community taking the time to learn the facts and make an informed decision to say no to a nanny state,” said Peter Brennan, executive director of NECSEMA. “NFG does nothing to curb smoking or stop youth smoking and exemplifies government overreach at its most egregious. We also applaud town officials in Bellingham for putting forward a transparent process where democracy was permitted and common sense prevailed. Other communities considering these absurd policies would be wise to reexamine them and put resources into education and awareness rather than foolish bans that don’t work.”
On the federal level, people younger than 21 cannot buy nicotine. The policy behind NFG is to ban the sale of tobacco and vapor products to anyone born after a certain date. The most recent bylaw in Bellingham would have sought to ban anyone born after Jan. 1, 2004 from ever being able to buy tobacco or nicotine products. It would have meant someone born on Jan. 1, 2004, could not buy tobacco products even when they turn 21 in 2025.
“The age to purchase these legal products has been set by the federal government and is strictly enforced,” Brennan told CSP. “Our position is that arbitrarily setting a sunset date for adults so they can no longer purchase these adult products is unconstitutional and an egregious regulatory overreach.”
The NFG policy concept, which is being pushed by outside activists, has faced increasing scrutiny across Massachusetts for its unfair targeting of legal adult consumers, dangerous unintended consequences and harmful economic impact on small businesses, NECSEMA said.
Although many communities in the Commonwealth, such as Worcester, have rejected proposed NFG policies at their boards of health, Bellingham is now the second municipality to have voters reject the idea following a similar town meeting vote in Manchester-By-The-Sea last month, NECSEMA said.
Since 2018, under a Massachusetts law, anyone under the age of 21 is banned from purchasing in the state any tobacco product including e-cigarettes, cigars and cigarettes.
NECSEMA said it has been “actively working with local store owners, civil liberties advocates, and residents to raise awareness of the dangers of NFG-style policies and protect adult freedom.”
NECSEMA said it believes these bans unfairly target adults, open the door to illicit activity, and do nothing to address the root causes of underage nicotine use.
When it comes to these policies, David Spross, executive director of the National Association of Tobacco Outlets (NATO) in Washington, D.C., told CSP that NATO applauds the town of Bellingham for recognizing that this proposal is a prohibition-style policy that won’t work and will lead consumers to the illicit market to purchase tobacco products.
“Cities and towns often look at what policies their neighbors are considering,” Spross said. “Being that voters rejected this in Bellingham should give other Massachusetts cities and towns pause before implementing this flawed policy.”
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