By Peter Brennan

We are living in times where the demand for transparency and the mistrust of government is as high as it has been in generations.

Local, state and federal elected officials and policymakers are under the microscope daily to make sure they respect democracy and the will of the people.

That’s why the recent decision by the Manchester-by-the-Sea Board of Health to ignore town meeting voters is so egregious.

In November 2024, the Board of Health — an appointed, not elected board — passed a so-called “nicotine-free generation” (NFG) policy that forever bans the sale of tobacco or nicotine products to anyone born after Jan. 1, 2004.

Upon learning of the quietly implemented generational ban, Town Meeting voters approved Warrant Article 19, calling on the board to repeal its NFG regulation, which took effect on April 1.

The majority vote shows a growing community consensus that the Board overreached and should rescind the restrictions. But the board is refusing to respect the will of the voters and has instead doubled down, declaring that it is within its rights under the broad umbrella of public health.

The people, however, have spoken and it is disrespectful and undemocratic for the board to ignore this vote. Manchester-by-the-Sea residents have a right to have their voices not only heard, but respected. By dismissing the Town Meeting decision, the Board of Health is overstepping its authority and issuing a clear message that they believe they know better than residents.

There are many reasons for increased anti-government sentiment in the public discourse and this action by the Board of Health is a glaring example. While seeking ways to curb smoking and youth tobacco use is good public policy, this particular regulation does nothing to achieve either goal — and residents apparently agreed.

NFG is a misguided anti-business, anti-civil liberties measure that only impacts adults over 21. Our retailers are trained to check IDs on every purchase of age-regulated products and have excellent compliance rates. This policy puts Manchester-by-the-Sea small businesses at a significant disadvantage as consumers seeking these legal adult products will simply drive over the town line to buy them, or worse, turn to illicit markets, which are often tied to organized crime.

Many communities in the Commonwealth, such as Worcester, Peabody, Milton and Westfield, have rejected NFG for these reasons. Manchester-by-the-Sea, however, is the first municipality to adopt the policy and then have voters reject it. Voters in the town rightly expressed concern that NFG would do more harm than good while hurting local retailers who are already complying with strict state laws.

One member of the Manchester-by-the-Sea Select Board criticized the Board of Health for refusing to reverse the ban, saying the board had “strayed” from its core responsibilities.

“This ban will only drive more businesses out of town,” Select Board member Brian Sollosy said.

In Bellingham, the issue of NFG will come before the town meeting on May 28, after the Board of Health sent the issue to be voted on by town residents instead of enacting the policy by decree.

The difference is stark — the Manchester-by-the-Sea health board presented the NFG policy to residents as a fait accompli, and rejected a democratic vote to overturn, while Bellingham is allowing the tax-paying residents to determine their own fate. A novel concept.

This type of nanny state governing is being increasingly rejected as citizens seek to protect adult freedoms. Once Manchester-by-the-Sea residents realized that the Board of Health had enacted this policy, they swiftly voted to repeal it.

The Manchester-by-the-Sea health board has thumbed its nose at voters with callous indifference. It is unacceptable and the board should immediately respect the will of voters and repeal this deeply flawed and discriminatory regulation.

The truth is, this was never about public health. It was about government overreach and control. The federal government has set the age for tobacco purchases at 21, just as it is for alcohol. Adults of legal age should not be denied the right to purchase legal products simply because of the year they were born.

Even more egregious is the fact that cannabis products, including combustible marijuana cigarettes, are not covered under NFG policies. So that means, in communities with NFG, someone of legal age is free to buy cannabis to smoke but cannot purchase a nicotine pouch or a cigar for a round of golf or a wedding.

NFG is government hypocrisy at its worst but more importantly, in Manchester-by-the-Sea, it is literally being forced onto an unwilling populace. That’s not democracy.

Peter Brennan is Executive Director of the New England Convenience Store and Energy Marketers Association