The Massachusetts Senate approved sweeping legislation last week to curb youth access to tobacco and nicotine products, with a key provision authored by Sen. Sal DiDomenico (D-Everett). The measure sets the minimum legal sales age for all tobacco products at 21 and incorporates vaping products into the smoke free workplace law.
A central component of the omnibus bill stems from Sen. DiDomenico’s own legislation, which would ban tobacco and nicotine delivery products from being sold in pharmacies and other health-care institutions. CVS Pharmacy made this commitment in 2014, and at least 160 Massachusetts communities have implemented similar bans in their local pharmacies. The new legislation would mandate that all remaining pharmacies comply.
“It’s no secret that tobacco and nicotine use remains one of the leading causes of preventable illness and death across our nation, so it only makes sense that our health care institutions and pharmacies end the practice of carrying these harmful products,” stated Senator DiDomenico, who serves as Assistant Majority Leader of the Massachusetts Senate. “I would like to thank Public Health Committee Chairman Jason Lewis for making this a top priority and including this as a key provision of this critical piece of legislation.”
In Massachusetts, tobacco use and nicotine addiction represent the leading preventable cause of illness and early death, accounting for more than $4 billion in annual health care costs to the state. Young people face particular vulnerability to nicotine addiction, as 9 in 10 cigarette smokers start before reaching age 18.
Though youth cigarette smoking has dropped significantly over the past twenty years, young people’s use of other addictive tobacco products including e-cigarettes has surged. While some adults addicted to nicotine may find e-cigarettes helpful in quitting traditional cigarettes, these nicotine delivery products pose a substantial risk to young people who have never previously used tobacco.
Senate President Harriette L. Chandler (D-Worcester) commented, “Raising the legal sales age for tobacco is an incredible public health achievement that will save lives, prevent addiction and ensure a healthier future for generations of Massachusetts youth,” “This legislation protects young adults whose minds and bodies are still developing, and is a proven strategy for nicotine addiction prevention. I am proud that the Senate has voted to approve this bill.”
“Massachusetts has long been a leader in protecting and strengthening public health,” noted Senator Jason Lewis (D-Winchester), who chairs the Senate’s Joint Committee on Public Health and is the bill’s lead sponsor in the chamber. “This comprehensive legislation will once again put the Commonwealth at the forefront of preventing youth addiction to tobacco and nicotine products, in order to improve health, save lives, and reduce healthcare costs.”
To address youth use directly, the legislation raises the legal tobacco sales age from 18 to 21. Research demonstrates this approach effectively reduces youth tobacco use by keeping legally purchased tobacco products out of high school peer networks. According to the Institute of Medicine, raising the age to 21 would decrease overall tobacco use by 12% statewide—equivalent to 150,000 fewer tobacco users in Massachusetts.
E-cigarette use among youth has grown dramatically, now widespread in high schools across the state. This bill builds on regulations the Attorney General Maura Healey established in 2016, creating tobacco-free zones that will simultaneously be vape-free, spanning schools, restaurants and workplaces.
The legislation also grants the Department of Public Health new authority to regulate emerging tobacco products and requires the Center for Health Information and Analysis to examine tobacco cessation benefits currently provided through commercial insurers, MassHealth, and the Group Insurance Commission.
Many municipalities have adopted measures exceeding current state and federal tobacco regulations, resulting in inconsistent rules across the commonwealth that create confusion for retailers, distributors, consumers and public health officials. This legislation establishes uniform statewide standards to protect youth and align state and local requirements.
The bill returns to the Massachusetts House of Representatives, where it has been formally engrossed, for final enactment.