A Bulwark Against the Expansion of Nicotine Free Generation in Massachusetts

In early October, South Hadley, Massachusetts, became the 18th town in the Commonwealth to adopt a Nicotine Free Generation (NFG) policy. The unanimous vote by the town board of health set January 1, 2005, as the date of birth on or after which the sale of legal commercial tobacco and nicotine would phase out. In early December, the Town of Amherst and the Town of Leverett became the next two to adopt the policy making it illegal for anyone who does not turn 21 by January 1, 2026 to ever legally purchase tobacco in the towns.

In the coming month, more towns will hold hearings on the potential adoption of NFG. 

While this policy might seem innocuous to those who currently enjoy premium cigars, what the policy represents, the erosion of adult choice and a pathway to greater expansion of extreme tobacco regulatory measures, is what concerns CRA. If NFG expands and becomes more of a widely accepted model, it will create market pressures that will reduce choice and access to premium cigars.

NFG has thus far only achieved limited success at the local level in Massachusetts. Historically, however, significant shifts in tobacco regulation have often followed this trajectory, beginning as small, local movements before expanding to state and national adoption. In Massachusetts, the most relevant example is the statewide flavor ban. It took nearly 140 towns to adopt before it became a statewide policy. Moreover, consider that the NFG concept is now being discussed at the national level in the United Kingdom and has already been adopted in the Maldives. What began as a local ordinance in the small suburb of Brookline, Massachusetts, is now emerging as a model for global adoption.

Senate Bill 221

While there appears to be some momentum at the local level to support NFG policies, a potential bulwark has emerged in the form of Senate Bill 221, which was debated for the first time in a legislative committee on October 20th. 

Senate Bill 221 is a narrowly tailored piece of legislation that aims to establish a clear and consistent statewide minimum age of 21 years old to purchase and access several adult-use products and activities across the Commonwealth, including alcohol, cannabis products, tobacco products, and online sports gaming. More importantly, however, the bill contains a provision that would allow the Commonwealth to claw back its authority to set age-based regulatory policies that are clear and consistent for both consumers and retailers by eliminating discrepancies between different local jurisdictions.

The Importance of SB 221

Effectively, this legislation would invalidate NFG polices adopted across the 18 local jurisdictions and halt the advancement of the policy in other towns by establishing state preemption over age-based sales regulations. While the Commonwealth has uniquely empowered local boards of health to set policies governing public health, with NFG, these local boards have taken this authority to the extreme.

NFG policies represent a clear intrusion on adults’ ability to exercise personal responsibility and individual liberty. At some point, state government must reassert its authority over unelected local bureaucrats who seek to turn local government into a parental figure. While the intent to protect public health is understandable, it must be balanced against the fundamental principles of freedom and personal choice.

Whats Next

While SB 221 had its first hearing in October, there is some hope that momentum is building behind this piece of legislation, as several legislators and interest groups have signaled their support for the bill. However, before this bill becomes law, several legislative processes and procedures must be completed before it reaches the governor’s desk to be signed into law. 

CRA will continue to monitor the bill’s progress and provide updates throughout the remainder of the year and into 2026.