More Tobacco Bans Coming In California And Massachusetts
On both coasts of the continental United States, outright bans on selling tobacco products are proliferating. Last week, the Tiburon, California Town Council unanimously approved an ordinance that will completely ban the sale of cigars and products made with tobacco or containing nicotine in the city to all citizens, regardless of age; it will take effect December 5. In South Hadley, Massachusetts, the Board of Health voted to implement a generational tobacco ban in the city, meaning anyone born on or after January 1, 2005 won’t be permitted to purchase tobacco products in that town—ever.
In Tiburon (population of approximately 9,000), the legislation was prompted by a local advocacy group of Marin County high school students. The group brought the request to the Town Council, and while a second vote is scheduled for November 5, it is largely considered a formality at this point. The group that made this happen is now working to try and do the same in the nearby town of Ross, California.
After examining the statements from council members and advocacy groups involved in the Tiburon ordinance, it’s clear that the main target here was vapes and nicotine pouches common among youth. Nevertheless, premium, handmade cigars were not spared. There are currently no tobacco retail stores in Tiburon, and the latest ordinance all but ensures there never will be. However, Jaime Rojas, a spokesperson for the National Association of Tobacco Retailers, questioned the need for such legislation. “If Tiburon youth are using tobacco products, then it is definitely because they bought those products either online or outside the city limits,” he said in a statement, arguing the ordinance causes more problems than it solves.
Tiburon is not the first jurisdiction in California to enact such measures. Similar legislation exists in Beverly Hills and Manhattan Beach, although both have exemptions in place that can spare premium cigars in some contexts. The Tiburon ordinance has no exemptions.
On the opposite coast, another Massachusetts town has joined an increasingly growing number of townships that have implemented generational tobacco bans. This month, South Hadley (population ~ 18,000), located about 90 miles west of Boston, implemented a generational tobacco ban, mirroring the “Nicotine-Free Generation” laws that continue to spread across the state. In this case, the sale of tobacco products to anyone born on or after January 1, 2005 will be illegal going forward.
South Hadley is now one of many towns in Massachusetts that has either implemented or tried to implement a generational tobacco ban in the state. As of now, some of the confirmed towns with generational bans in place include Northampton, Belchertown, Brookline, Hopkinton, Newton, Stoneham, Melrose, Reading, Malden and Wakefield. Brookline set off the chain reaction in 2020, implementing the first such ban. The legislation was legally challenged, but it was ultimately upheld by the Massachusetts Supreme Judicial Court in 2024. Ever since that ruling, more and more towns continue to follow suit. In the state legislature, matching, statewide generational tobacco ban bills were introduced this year in the House and Senate, although there has been little movement on either for several months.
In both states, the key factor is local authority. Massachusetts and California, specifically as it relates to tobacco control legislation, allow for local jurisdictions to implement their own tobacco-related regulations, regardless of how they differ from the state. In both instances, there are no such bans at the state level, but because of local authority, townships and local jurisdictions are permitted to enact stricter regulations than the state measures. Not every state allows this, but it’s obviously a key point of contention as it relates to cigars in particular.
“The trend has become to have local authority legislation introduced in the absence of the state legislature being able to enact similar ordinances and laws themselves. It becomes an easy out for state legislatures,” Glynn Loope, the Premium Cigar Association’s (PCA) director of state advocacy, told Cigar Aficionado back in 2024. “Our argument is that it just creates a confusing patchwork of ordinances that vary from jurisdiction to jurisdiction.”
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