By Adam Swift
The Chelsea Board of Health voted unanimously at its Dec. 10th meeting to adopt the nicotine-free generation regulations, joining the small number of municipalities in Massachusetts that prohibit the sale of nicotine products to anyone born on or after January 1, 2004. The regulations will go into effect Jan. 1, 2025.
In addition, the board of health voted to limit the sale of Oral Nicotine pouches to adult only retail stores only, effective January 1, 2025. Retail establishments that are not licensed as Adult Only Retail stores will have a period of 3 months (until March 31, 2025) to sell-down or remove nicotine pouches from their store.
The board of health vote last week came after a public hearing in November.
Board members said they took into account input from residents and businesses, both positive and negative, before taking the vote on the new regulations.
Some of those opposed to the regulations stated they would hurt small, local businesses.
“History has shown us that prohibition doesn’t work,” stated Chris Duffy previously. Duffy is the CEO of James J Duffy Inc., a wholesale distributor of convenience goods.
“Attempts to curb nicotine and tobacco use through outright bans tend to shift sales to illicit markets rather than reduce overall usage,” he stated. “Despite Massachusetts’ 2019 ban on flavored tobacco products, youth are still accessing these products through online sources and illegal channels, bypassing responsible, law-abiding retailers in Chelsea. A ban has not prevented access for those determined to obtain these products; it has simply redirected sales. Prohibiting licensed retailers in Chelsea from selling adult-use products to adults, whether they’re 21 or 81, won’t resolve the issue.”
In addition, Duffy stated that the policy penalizes Chelsea’s retailers—most of whom he said follow strict ID checks for adult products—and slowly devalues their businesses by pushing customers to surrounding towns.
Board of health member Dr. Dean Xerras said boards of health are appointed or elected bodies that are responsible for looking out for the health and wellbeing of the communities they serve. He said the boards can enact more restrictive health regulations as long as they do not violate state law.
Over his nearly 20 years on the board, Xerras said it has enacted regulations regarding leather processing by businesses in the city, has banned artificial trans-fats, and raised the minimum age for the sale of tobacco products from 18 to 21.
“I think we did our due process, and I think what is important to remember is this board of appointed officials has the right to do this,” Xerras said.
Board of Health Chair Dr. Israel Molina said the role of the board is principally managing and making proposals that affect the health of Chelsea residents.
“Although it can affect business, that is not our primary motive in what we do or do not pass,” said Molina. “Hopefully, the city can help support businesses in the community.”
In September 2023, the board of health banned tobacco products that were labeled as non-menthol but marketed to people who purchase menthol flavors. This decision helped lead to a statewide ban of these products by the Massachusetts Department of Public Health in 2024.
This local action coincides with broader statewide efforts to address nicotine use. A recent announcement revealed that nicotine-free generation legislation is set to be introduced in the Massachusetts legislature in January 2025, signaling growing momentum for this public health initiative, according to city officials.
The board of health encourages businesses and residents to review the new regulations and prepare for their implementation. For more information, contact the Chelsea Board of Health at (617) 466-4090.