MARLBOROUGH, MA — A proposal is looking to end tobacco and nicotine sales to future generations in Marlborough.
The Marlborough Board of Health will hold a public hearing to gather public feedback on whether the board should pursue a nicotine-free generation policy. Under the proposal, anyone born on or after Jan. 1, 2010, would be permanently prohibited from buying nicotine or tobacco products within Marlborough.
The public hearing will take place at 6 p.m. Tuesday, Oct. 6, in Memorial Hall on the third floor of City Hall, 140 Main St.
The restriction would cover cigarettes, cigars, vaping products and electronic nicotine delivery systems, smokeless tobacco and nicotine pouches or other synthetic nicotine products.
The affected group would begin turning 21 in 2031. Massachusetts currently prohibits tobacco and nicotine sales to people younger than 21.
No regulations have been drafted and the Board of Health is not scheduled to adopt a policy at the October hearing. City officials said the session is intended to gauge community sentiment before the board decides whether to proceed.
The hearing follows a unanimous City Council vote supporting the concept. Councilors voted 10-0 on June 8 to endorse a resolution calling for the Jan. 1, 2010, cutoff once the city adopts the required ordinances and regulations, according to City Council records.
Birthdate-based tobacco restrictions have previously survived a legal challenge in Massachusetts.
The state Supreme Judicial Court upheld Brookline's policy in 2024, ruling that state law allows municipalities to further limit or prohibit tobacco sales and that Brookline's birthdate classification did not violate constitutional equal protection guarantees, according to the court's Six Brothers Inc. v. Town of Brookline decision.
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