Democracy – Big Tobacco’s Achilles Heel

When the ball fell at midnight to inaugurate 2024, only one place in the world had implemented a birthdate-based phase-out of the sale of tobacco products: Brookline, Massachusetts. The law had already been in effect for three years. In March, the Massachusetts Supreme Judicial Court ruled unanimously that such laws are perfectly legal. In the ensuing months, eleven more towns followed Brookline, and the year is not over yet.

As of December 13, 2024, the twelve towns with a birthdate-based phase-out of the sale of tobacco products (and their birthdate sales cut offs) are: Brookline (1/1/2000), Stoneham (1/1/2004), Wakefield (1/1/2004), Melrose (1/1/2004), Winchester (1/1/2004), Malden (1/1/2004), Reading (1/1/2004), Concord (1/1/2004), Manchester (1/1/2004), Chelsea (1/1/2004), Belchertown (1/1/2004), Needham (1/1/2004).

Given the struggle – and often failure – to pass even the most basic tobacco policies in many other places, what explains this lightning advance in Massachusetts? The Court’s decision certainly opened the way, but having the right to do something and actually doing it are very different.

There are two forces at work that offer an advantage. The first is a quirk of governance in Massachusetts. Democracy there is a very local experience. Major issues can be decided at town meetings, rather than in the State House. Advocates can appeal almost directly to citizens rather than a state representative that may be worried about party politics or upsetting a campaign funder.

The other advantage in Massachusetts is a small group of volunteer advocates that are determined to see the sales phase-out concept spread. All have day jobs. Fortunately, most town meetings are held in the evening for the very purpose stated above – so citizens can attend. Recently, these advocates were honored at the Massachusetts State House for their efforts, concurrent with a press conference to announce a statewide phase-out bill to be introduced in January.

It is ASH’s great privilege to work with these public health heroes. The force of their advocacy has helped fuel the global endgame movement, and they have been very generous with their time connecting with allies around the world. They are an inspiration and a reminder that Big Tobacco, one of the wealthiest and most belligerent industries in the world, is powerless at the very local level.