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.
