FOLLOW US

America January 15, 2025 3 mins read

Massachusetts Court Rules Health Officials Can Fine Businesses for Tobacco Violations

America ı By Rihem Akkouche

0 Comments

Massachusetts AG $600M Deal With Tobacco Cos.

Massachusetts' highest court ruled Wednesday that local public health officials do not need to go to court to impose fines on businesses violating state tobacco laws, including restrictions on the sale of flavored products.

The Supreme Judicial Court found that the $1,000 penalty imposed on convenience store chain Cumberland Farms, after a health inspector in Braintree discovered a box of "Black and Mild Jazz" cigars on a store shelf in 2023, did not violate a separate state statute requiring municipalities to seek a court complaint for penalties of that amount or higher.

Cumberland Farms had argued that the state law establishing the fine for first-time violations of tobacco laws did not create a new administrative enforcement mechanism. However, the court ruled that regulations established by the state Department of Public Health clearly allowed local health officials the option to impose fines administratively, as Braintree did, or through the courts.

Justice Gabrielle Wolohojian, writing for the court, stated that the possibility of criminal enforcement “does not foreclose an alternate civil mechanism of enforcement.”

The court also concluded that the Department of Public Health did not exceed its authority by granting local boards of health the power to enforce the tobacco law. Justice Wolohojian cited the Legislature's broad language of delegation and the long-standing history of local regulation of tobacco products.

The court referred to its groundbreaking decision from the previous year, which upheld Brookline’s "generational" tobacco ban prohibiting the sale of tobacco to anyone born on or after Jan. 1, 2000, as an example of local regulation within the department’s authority.

Although Cumberland Farms raised its claims about local enforcement authority at the appellate level, the court addressed the issue to avoid any future confusion for other public officials.

Braintree, a suburb of Boston, is one of 351 Massachusetts municipalities, each with its own local board of health. These boards are responsible for enforcing state laws and regulations, including those related to tobacco products and local codes.

Cumberland Farms also challenged the penalty, arguing that the Braintree board of health had never formally adopted local regulations specifying how fines would be imposed. The court rejected this argument, stating that it was not necessary for the local board to have its own rules, as it and other local boards of health are governed by the enforcement regulations of the state Department of Public Health.

Cumberland Farms, a regional chain with 575 stores, disputed the claim that the cigars were actually being sold when the inspector found them on a shelf behind the register. The chain explained that the cigars had been accidentally placed on the shelf and could not have been sold because the point-of-sale system would have blocked the transaction.

However, the court sided with the Braintree board’s finding that the store’s display and placement of the product could lead a customer to reasonably believe it was available for purchase.

Cumberland Farms initially contested the Braintree board’s order in Norfolk County Superior Court, where a judge reversed a five-day suspension of the store's tobacco sales license but upheld the fine. The high court subsequently reviewed and upheld the fine.

Counsel for Cumberland Farms and Braintree did not immediately respond to requests for comment Wednesday.

Braintree is represented by Jeffrey T. Blake, Roger L. Smerage, and Steven C. Johnson of KP Law PC. Cumberland Farms is represented by Joshua D. Dunlap and Nicholas L. Anastasi of Pierce Atwood LLP.

The case is Cumberland Farms v. Town of Braintree, case number SJC-13613, in the Supreme Judicial Court of the Commonwealth of Massachusetts.

Previous Article

Filmmaker Alleges Shyamalan, Apple Stole Her Movie Concept for ‘Servant’

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 6, 2026
Russian Lab Worker’s Mystery Pneumonia Death…

WHY THIS CASE DESERVES ATTENTION A 28-year-old worker at Russia’s…

By – Samuel Lopez
America October 6, 2026
CIA Officer Stealing Gold Bars: David…

WASHINGTON — The case involving a former CIA official and…

By – Jackie Allen
America October 6, 2026
Vehicle Touching Occupying Suit Puts Michigan…

A hand resting on a truck could become the dividing…

By – Tyler Brooks
America October 6, 2026
Emera, ATCO CA$72B Canadian Utility Merger…

A massive transformation is taking shape in Canada’s utility sector…

By – Rachel Moore
America October 6, 2026
Energy Transfer $2.6B Vaquero Deal Expands…

Energy Transfer is making another major push into one of…

By – Rachel Moore
America October 6, 2026
Uber’s $2.3B EzCater Buy Targets the…

Uber is making a major move beyond the individual meal…

By – Rachel Moore
America October 6, 2026
Uber’s $2.3B EzCater Buy Targets the…

Uber is making a major move beyond the individual meal…

By – Rachel Moore
America October 6, 2026
ICE Fines: Judge Halts Rule Behind…

BOSTON — A federal judge has halted a Trump administration…

By – Michallie Harrison
America October 6, 2026
SIAA Acquires Canopy in Specialty Insurance…

The insurance landscape is shifting again as SIAA Acquires Canopy,…

By – Tyler Brooks
America October 6, 2026
Diesel Tax Relief: Trump’s Order Could…

WASHINGTON — President Donald Trump’s new diesel tax relief order…

By – Michallie Harrison
America October 6, 2026
Why Did I Get $90 From…

Millions of older Americans are seeing an unexpected $90 deposit…

By – Tyler Brooks
America October 6, 2026
Freddie Jackson Died at 70: R&B…

R&B singer and New York City native Freddie Jackson died…

By – Tyler Brooks
America October 6, 2026
‘We are all Jane Doe’ Cornell…

More than 1,000 Cornell protestors marched across Cornell University’s Ithaca…

By – Jackie Allen
America October 6, 2026
Influencer Sara Gilson Murder-Suicide: 911 Call…

Influencer Sara Gilson was fatally shot by her estranged husband…

By – Jackie Allen
America October 5, 2026
Letitia James Takes Over Cornell 7…

New York Attorney General Letitia James is facing criticism over…

By – Jackie Allen
America October 4, 2026
Russia Plague Scare Follows Lab Worker’s…

A Russia plague scare has prompted medical monitoring and reported…

By – Michallie Harrison
America October 4, 2026
UFO Whistleblower David Grusch Makes Explosive…

A UFO whistleblower has made some of the most extraordinary…

By – Jackie Allen
America October 4, 2026
UFO Waiver: Pentagon Opens  Door for…

The new UFO Waiver issued by the Pentagon creates a…

By – Jackie Allen
America October 6, 2026
NASA Pushes Permanent Moon Base as…

WHAT READERS SHOULD WATCH NASA says astronauts are headed back…

By – Samuel Lopez
America October 5, 2026
DOJ Weaponization Report Exposes How Biden…

Inside the Bureaucracy Internal DOJ and FBI records prove career…

By – Samuel Lopez
America October 5, 2026
Cornell Rape Investigation Reopened As Netflix’s…

Key Takeaways New York Attorney General Letitia James has been…

By – Samuel Lopez
America October 4, 2026
OSHA Wants Overdose Reversal Kits at…

Inside OSHA’s Overdose Playbook for Employers OSHA wants naloxone kept…

By – Samuel Lopez
America October 4, 2026
Google Told Investors Gemini 3.5 Pro…

Key Takeaways A proposed securities class action filed Friday in…

By – Samuel Lopez
America October 4, 2026
Dollar Tree Wins Major Ruling in…

Key Takeaways A federal judge on Friday denied an attempt…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 2, 2026
Halle Berry Hit with Temporary Restraining…

What the Court Order Signals A Los Angeles judge granted…

By – Samuel Lopez
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America October 3, 2026
California Sends Cease and Desist Letter…

What Matters in This Fight California regulators have reportedly ordered…

By – Samuel Lopez
America October 3, 2026
Costco Faces $5 Million Sugar-Free Lawsuit…

By Samuel López | USA Herald Costco Wholesale Corporation is…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter