Brookline’s Historic Law Phasing Out All Tobacco Sales Is Affirmed by the Massachusetts High Court
In a significant victory for the law school’s Public Health Advocacy Institute (PHAI), the Massachusetts Supreme Judicial Court (SJC) recently upheld a groundbreaking bylaw in the town of Brookline that bans tobacco sales in town to anyone born in the 21st century. PHAI represented Brookline in the case, successfully arguing before the court against critics of the law, who argued that it conflicts with the state statute that sets the minimum sales age for tobacco products at 21.
Mark Gottlieb
In its ruling, the SJC upheld a lower court’s decision to dismiss the lawsuit, known as Six Brothers v. Brookline. “The court has confirmed that Massachusetts is, indeed, a laboratory for public health innovation. It is important that Brookline’s law applies not only to cigarettes but also to vaping, pouches and whatever new products the tobacco industry rolls out to hook kids,” said PHAI executive director Mark Gottlieb ’93.
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