An attempt by the Board of Health to adopt a generational ban on sales of tobacco products for persons born on or after Jan. 1 2004 has been tabled. The ban failed by a 2-1 vote at the board’s Oct. 24 public hearing.
Proponents and opponents of the ban, including several retailers and city councilors expressed their thoughts during the hearing, one of them being Councilor-at-Large and Governors Council candidate Anne Manning-Martin.
“I am proud that my colleagues and the city of Peabody slammed the brakes on this governing by appointed boards, which I fear may be the new norm if we allow it,” Manning-Martin said Monday. “Once the public had the opportunity to be heard on the move to create two classes of citizens upon whom personal freedoms will be either allowed or restricted, they didn’t like it one bit – and my fellow councilors and the Board of Health in Peabody heard the message loud and clear and respected it.”
Ward 4 Councilor Julie Daigle said she agreed with Manning-Martin.
“I’m not pro-tobacco, but I believe in the free market and freedom of adults to make their own choices,” Daigle said. “I don’t like local government targeting specific industries for extinction, because, where does it stop? If anything I think this should be a ballot question.”
Ward 3 Councilor Stephanie Peach also opposed the ban and was also pleased with the Board of Health’s response in voting against it.
“Similar to what I said at the meeting, tobacco/nicotine use is not something that can be curbed with bans. We need to focus our collective efforts on education to reduce vape use in the next generation,” she said. “I was happy to see the BOH table this vote and focus on educational initiatives and the enforcement of existing regulations.”
Board of Health Director Sharon Cameron said the health department will be reaching out to the city’s permitted tobacco retailers to set up a meeting to discuss the next steps.
“We are encouraged that the retailers in attendance at the hearing expressed support for the idea of them creating self-monitoring programs to improve their understanding of the laws that apply to the sale of tobacco products in Massachusetts and for improving compliance with these laws,” Cameron said. “We hope that they will join us in a meaningful effort to protect youth from the lifelong harms associated with tobacco use and nicotine addiction.”
Board Chairman Thomas J. Durkin, opened the meeting, saying he had received many emails and apologized for not responding to all of them.
He said the board has received documents with signatures “sort of like a petition which helps us as well.”
Laura Nash, epidemiologist with the North Shore Health Collaborative, shared some information about youth smoking. She said tobacco usage rates have been on the decline in Massachusetts, especially among youth, some 60% over the past 20 years, a rate that dipped to 11% as of 2017. But she noted that the use of e-cigarettes has risen dramatically by 900% from 2011-2015. As of 2019, some 50% of all high school students have used e-cigarettes.
Nash said that youth commonly obtain tobacco products from friends, relatives or retailers holding tobacco permits.
According to the 2023 Massachusetts Youth Health Survey, 12.1% of high schoolers and 4.5 % of middle schoolers reported they smoked cigarettes and nearly 30.4% of high schoolers and 11.7% of middle schoolers reported trying to vape.
Nash noted the many health risks associated with e-cigarettes associated with children, including an adverse impact as their bodies and brains are still developing, as well as depression and mental health issues leading to its use.
Board of Health Director Sharon Cameron called on the city to “ask the retail tobacco industry to partner with us in a meaningful way.”
She said that in her 20 years in public health, “we have always been two steps behind the tobacco industry.”
Councilors Stephanie Peach and Dave Gamache also spoke out at the meeting against adopting the ban. They agreed that adoption would turn the city into an “island” with potential purchasers going to other communities to purchase tobacco products.
“This is not something that can be done through bans but must be done through education,” Peach said. “It’s very difficult to legislate personal choices.”
Gamache cited the negative impact the proposed ban would have on Peabody businesses.
“We have a lot of mom-and-pop stores that survive on lottery, liquor and cigarette sales,” he said. “Other than that, they will not survive. This is the wrong idea at the wrong time.”
Other opponents said they felt the ban would create a “black market” that will harm convenience stores and other retailers.
Cambridge resident Emily Wieja said, “It’s ridiculous to propose a complete ban on tobacco,” adding that adults are permitted to purchase and use alcohol and marijauna.
Convenience store proprietor Carlos Cesar said tighter regulations have already cost him $60,000 in revenue over the past few years.
Arthur Hill, owner of A&L Liquors in downtown Peabody, said the ban will “directly impact our sales, out livelihood and doing business.”
Board of Health member Julie Fleet was the only member of the board to vote against tabling the proposal. She said further delays will cause the city to lose ground in the fight against tobacco.
Board of Health member Anthony Carli said he could not support the ban as proposed.
“My primary concern is,” Carli said, “when you’re an adult, you’re an adult.”
Durkin said he still thinks “we owe it to give it a chance.
“I wonder if we couldn’t give it some more time to implement what I think I’m hearing here, which is that the industry — given the opportunity — will join us in further restricting the sale of tobacco to youth. I think it’s worth a shot. My disposition is not to close the door on this.”
