Nicotine-Free Generation Regulation Garners Support at Public Hearing

Report on a Public Hearing of the Amherst Board of Health, October 30, 2025

By Maura Keene

This meeting was held in person at the Bangs Community Center. It was not recorded.

Present
Risha Hess (Chair), Premila Nair, Jack Jemsek, and Betsy Brooks, one vacancy

Staff: Kiko Malin (Public Health Director) and Maheen Ahmed (Assistant)

About 30 people attended the Board of Health’s public hearing held at the Bangs Center on October 30, on proposed new regulations to restrict tobacco sales.  Most voiced support for the Nicotine-Free Generation provision, which prohibits the sale of nicotine-containing products to anyone born after January 1, 2005. The measure effectively cuts off the pipeline of future smokers, while maintaining access for current users. It has been adopted by Belchertown, Pelham, South Hadley, and 15 other municipalities in Massachusetts. The board had previously heard testimony on the proposal in February.

Nancy Gilbert, former chair of the Amherst Board of Health (BOH), stated that Amherst has previously been a leader in limiting nicotine use and sales. The town convinced pharmacies not to sell tobacco products and prohibited smoking in public places. She noted that there were fears at the time that the latter measure would hurt local bars and restaurants, but instead it protected workers and patrons and led to a statewide ban. She said that the Nicotine-Free Generation is the logical next step for the town. 

Isabel Ramirez spoke in Spanish on behalf of the Latino Engagement and Leadership program. She stated that Latino youth are more likely to start using nicotine products at an earlier age “making them more likely to become dependent lifetime users.” She and others cited studies showing that the developing brain is more susceptible to addiction. Evelyn Villamo, a retired physician, noted firsthand experience seeing tar in the lungs of patients. She said that inexperienced young people whose parents were smokers think it is natural to smoke and become dependent on nicotine. 

More support for the measure came from Amherst resident Joseph Mascis, who said that, unlike alcohol, nicotine products have little association with “merriment.” He pointed out that when he was in high school in 2017, e-cigarette maker Juul targeted teenagers by advertising on kids’ games websites. He presented a flyer that had been sent to residents by retailers, encouraging them to speak out against the regulation. Maureen Buzby of Melrose showed several vape packages with built-in video games that target children.

Supporters of the measure came from throughout the state. Ginny Chadwick, a PhD student at Brandeis who studies nicotine addiction, said she was glad to see a college town planning to endorse the measure. Heather Warner, director of the Hampshire Franklin Tobacco-Free Community, told how she started smoking at age 14 and became a two-pack-a-day smoker. She worked hard to quit, but noted that today’s nicotine products are much more potent than those available in the past. She stated that she is sensitive to the needs of the commercial sector, and the advantage of the Nicotine-Free Generation is that it allows businesses to gradually adjust to decreasing nicotine sales. 

Ken Elstein of the Belchertown Board of Health noted that stores in that town report that they have had to deny sales of nicotine products to only about three patrons a month since the measure went into effect January 1, 2025. He told the touching story of his grandfather, a smoker, dying at age 49 before he could meet his grandson, but Elstein has lived to meet all four of his grandchildren.

The only resistance to the measure came from Ben Brooks, a representative of Nouria, which operates a gas station/convenience store on Northampton Road and 300 stores throughout the Northeast. He  said that the regulation was unnecessary because his company takes regulations very seriously, even those that only exist in Massachusetts, such as the banning of flavored nicotine products. Employees are given extensive training and ID every customer. He said, “We do not want these products in the hands of our youth.” He added that the new regulation would also hurt the business.

BOH members were favorably disposed to the regulation. Premila Nair said, “I have not heard any compelling reason not to go ahead.” Jack Jensek liked the fact that the effects of the regulation would be felt gradually, giving businesses a chance to adjust. Regarding retailers, Betsy Brooks said, “If their business model is predicated on getting kids to buy nicotine, I have no sympathy for them.” However, chair Risha Hess worried that passing the regulation would result in young people traveling to nearby towns or ordering nicotine products online. But she acknowledged that tobacco is the only legal substance that, “when used as intended, can kill you.”

Brooks asked the young people in the audience who would be affected by the regulation what their thoughts were. One UMass student said that she has friends who became addicted to nicotine, and it’s very sad because they made the decision to use nicotine before they knew how addictive it was. Another student admitted that she has some friends who support the regulation and some who oppose it, but she sees some of her peers who cannot make it through the day without it. 

Supporters informed the BOH of related measures under consideration. Warner noted that 13 states ban online sales of e-cigarettes. Massachusetts is not one of them, but a high-school student is working with a state senator to bring a ban on online sales to the state. Also, a Nicotine-Free Generation bill has been filed in the Massachusetts legislature and senate. The goal is to make all towns in the Commonwealth participate.

The BOH spent the remainder of the meeting discussing possible fine structures for those violating the regulation, but generally felt that suspension or loss of the permit to sell nicotine products would be more effective than any level of fine. Members will take up the topic at their December 4 meeting, when they will hammer out the details and take a vote on whether to accept the regulation. If the Nicotine-Free Generation is accepted, it will go into effect on January 1, 2026.