Lawsuit Against Brookline’s Tobacco-Free Generation Bylaw Dismissed

BROOKLINE, MA — The Town of Brookline’s Tobacco-Free Generation bylaw has withstood a court challenge and will remain in effect, Town Administrator Chas Carey said Tuesday.

The bylaw, which was proposed via citizens’ petition and subsequently adopted by Town Meeting in late 2020, prohibits anyone born after Jan. 1, 2000, from purchasing tobacco products, including e-cigarettes, in Brookline. It took effect in September 2021 following approval by the Office of the Attorney General.

On Oct. 17, the Massachusetts Superior Court granted the town’s motion to dismiss a lawsuit seeking to block the bylaw. The Public Health Advocacy Institute at Northeastern University’s School of Law represented the town pro bono in the case.

The work was overseen by Associate Town Counsel John Buchheit. Former First Assistant Town Counsel Patty Correa also contributed to the effort through her initial research and the first draft of the town’s legal brief.

“The dismissal of this challenge is a positive outcome, validating decades of tobacco control work in local government to reduce access to tobacco and nicotine products and prevent disease for future generations.” Public Health Commissioner Sigalle Reiss said in a statement. “Brookline has laid the path that other communities may now follow as they seek to keep harmful tobacco products out of the hands of generations to come, and I want to thank all at the Public Health Advocacy Institute whose tireless efforts made this moment possible.”

Since its effective date, the Brookline Department of Public Health and Human Services has taken a proactive role in educating stakeholders about the bylaw, the town said.