Brookline Bans Sale Of Flavored Tobacco, Including Menthol

BROOKLINE, MA — Brookline just became the seventh community in the state to pass a ban on the sale of flavored tobacco. The bylaw prohibits the sale of flavored tobacco products, including menthol-flavored products. It's already illegal for anyone under the age of 21 to buy tobacco or vaping supplies in Brookline.

But it wasn't a unanimous vote. And there were passionate voices on both sides of the issue. Some 174 people voted in favor of the ban, 20 against it and 13 abstained. Brookline becomes the sixth community to pass bans against flavored tobacco in the state.

"Prohibition didn't work in the 30s and it's not going to work now," said Brookline resident David Gladstone, of precinct 16, ahead of the ban. "Banning this will not solve the problem. Education is truly the answer, not prohibition."

If you've seen signs in convenience store windows imploring Town Meeting to vote against Article 19, that's because the proposal to ban the sale of flavored tobacco products, including menthol-flavored products could impact convenience stores.

Although studies say flavored tobacco is a gateway to hooking kids on tobacco, small shop owners in town say flavored tobacco should be treated similar to liquor stores. They're careful with whom they sell to, and the product helps keep their businesses afloat when someone comes in to buy tobacco and then makes other purchases.

"In leading the way, one must be prepared to pay a price because there is no free lunch," said Town Meeting member Harry Friedman. "Who pays? Twenty people pay. The ones who have licenses to sell tobacco."

Elias Audy, who has owned two Mobile stations in Brookline for the past 40 years opposes the article. If this article passes, he will lose about $35,000 each year, he said. Audy said because his son learned about reasons smoking was bad in the third grade he and his entire family quit. "There's a lesson to be learned here. The power of education." he said.

Still, proponents of the ban said it's hard to argue that cherry cheese cake and bubblegum flavor tobacco is targeted at children.

"If it sounds like they're targeting kids, it's because they are," said a Brookline resident who is also a doctor, adding that some 100 Brookline kids per year become regular users of tobacco products.

Select Board member Ben Franco said after hearing from people on both sides of the debate, and despite recognizing that businesses would likely be negatively impacted and that there's no major evidence to say that any of them have violated the law, the board agrees with the petitioners.

The ban picks up where previous bylaws have left off, he said.

The town has banned the sale of tobacco in pharmacies, restricted advertising, created a smoke free buffer around the high school, and earlier restricted the sale of flavored tobacco.

"It's a fairly mixed picture," said Advisory Council member Tony Schlauch. "This is not an easy choice."

Massachusetts is right behind Brookline: Bill S. 1279, sponsored by Sen. John Keenan (D) of Quincy, proposes something similar on the state level. Stores would only be able to sell tobacco products that taste like tobacco.

Although many convenience stores across the state have removed fruit flavored products, particularly JUUL, from their shelves, the measure would go beyond that banning mint and menthol flavored cigarettes, cigars, and electronic cigarettes as well.

The bill, which was proposed in January, has since been referred to the State Senate's Committee on Public Health.

At least two states and more than 190 municipalities have passed some sort of restriction on the sale of flavored tobacco products, although laws differ in their application to specific products and store types, according to Tobacco Free Kids. Ashland, Framingham, Somerville, Swampscott and Framingham have all voted to ban flavored tobacco and menthol cigarettes.

But at least one doctor said the ban doesn't go far enough:

"No cigarette brand is safer than another. If you're going to take one cigarette off the market, you should take them all off," said Dr. Siegel.

Also read:

• How They Voted Night 1
• Brookline Makes History In The Bathroom At Town Meeting Night 2
• Night 3: Dog Park Enforcement, Tobacco Ban, Pot Shops

Patch reporter Jenna Fisher can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna).