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.
