Montague Board of Health considers changes to tobacco regs

Montague Town Hall.

Montague Town Hall. Staff File Photo/Paul Franz

By ERIN-LEIGH HOFFMAN

Staff Writer

Published: 11-04-2024 1:32 PM

Modified: 11-04-2024 2:29 PM


MONTAGUE — The Board of Health is reviewing draft revisions that would further restrict tobacco sales in Montague.

One of the proposed changes would allow nicotine pouches to be sold only at “adult-only retailers” that sell tobacco, also called “tobacconists,” thus removing these products from convenience store shelves. Tobacconists require identification to be shown by anyone who enters the building. Notably, there are not any adult-only retailers selling tobacco in Montague at this time.

Additionally, an increase in cigar prices is being proposed that would raise the minimums from $5.00 to $5.90 for multi-packs of cigars and $2.00 to $2.90 for single-pack cigars, the definition of “blunt wraps” would be modified to add non-tobacco wraps, and fines for sale violations would be incorporated in accordance with existing state law.

Between in-person and Zoom attendees, five individuals spoke in favor of or against the proposed revisions during last week’s Board of Health meeting. Those who are against the draft revisions cited how Montague does not have an adult-only retailer catering to tobacco sales, so they feel the change would act essentially as a ban on the sale of nicotine pouches across town.

Cheryl Sbarra, executive director and senior staff attorney for the Massachusetts Association of Health Boards who has been working with the Montague Board of Health and Montague Public Health Director Ryan Paxton on creating these draft regulations, said the reason for the nicotine pouch proposal stems from the health risks associated with these products. Sbarra said nicotine pouches contain a higher concentration of nicotine compared to other products, and pouches are being used by underage students in schools more frequently. She said these products also come in different flavors, which violates state law around the sale of flavored nicotine products.

“What we thought made the most sense was to restrict them to adult-only stores,” Sbarra said, adding, “Montague doesn’t have any, but I can’t imagine that these products cannot be purchased, either online or from another municipality, if someone really thinks that taking in all of this nicotine is better than smoking.”

Peter Brennan, executive director for the New England Convenience Store and Energy Marketers Association, spoke via Zoom against the nicotine pouch restriction.

“There’s no reason to restrict these products further than they’re already restricted right now,” Brennan said. “They’re sold at our retailer shops. They’re behind the counter. You’re required to display an ID to purchase these items.”

Article continues after...

Yesterday's Most Read Articles

As a representative for convenience store interests in New England, Brennan pointed out that the proposal would impact retailers in Montague financially.

“There would be no additional beneficial public health impacts to this,” he argued. “There would, however, be negative impacts for retailers. Yes, I’m biased, but I think we need to look at this product and we need to look at the facts behind this product.”

Stephen Helfer of Cambridge Citizens’ for Smokers Rights shared his concern that this proposal would not protect public health or prevent underage use of nicotine pouches, but would impact the businesses in town that sell nicotine pouches.

“I really think the board might want to reach out and ask these business owners what they think about another product being removed from their shelves, because anytime you remove a product for their shelves, it may not put them out of business, but again, they depend on all of these small things,” Helfer said.

Helfer also pointed to statistics on underage and adult smoking rates. He mentioned how the U.S. Food and Drug Administration and the U.S. Centers for Disease Control and Prevention released the results of this year’s National Youth Tobacco Survey, which found that youth vaping has dropped among high school students. Meanwhile, a 2024 Gallup poll found adult smoking is at an 80-year low. Citing the decline in youth and adult nicotine use; the FDA’s approval of nicotine patches, gums and sprays for quitting; and data being readily available on the risk of smoking, Helfer said he feels people can make their own choices.

The last person to speak was Ilana Gerjuoy of the Communities That Care Coalition, a group, co-hosted by the Franklin Regional Council of Governments and Community Action Pioneer Valley, that focuses on supporting youth heath and well-being in Franklin County and the North Quabbin region.

Gerjuoy spoke to the risks associated with nicotine use and the risk youth nicotine use poses. She pointed to the phenomenon of “outlet density,” which states that if there is a high presence of tobacco or alcohol in a community that youths can see, then the chance of them using tobacco or alcohol at a young age increases.

“It creates normalization, which increases youth use,” Gerjuoy said. “Even though the intention may not be to increase youth use, that can actually happen. I don’t believe local retailers have in mind that they are trying to increase youth use, but we do know that tobacco companies certainly do.”

By the end of last week’s meeting, the Board of Health had not voted on the draft bylaw revisions. Rather, members opted to revisit the discussion at a later meeting.

The full proposed revisions can be found at montague-ma.gov/g/41/Board-of-Health.

Erin-Leigh Hoffman can be reached at ehoffman@recorder.com or 413-930-4231.