Victory in Northampton, MA

FT Litigation attorney Adam Ponte helps a group of Northampton-area retailers retain their right to sell traditional, unflavored tobacco products. In the wake of recent MA state legislation to ban sales of flavored vape and tobacco products, convenience stores and gas stations are already hurting.They are not only losing the sales of flavored tobacco and vape products, but also the add-on sales of groceries, gas, lottery tickets, etc.On top of that, to ban entirely the sales of traditional unflavored tobacco products would have surely caused many stores and gas stations to go out of business.

As Attorney Ponte points out, “There is no legitimate data at this time evidencing that youth are purchasing or otherwise using traditional unflavored tobacco products. In fact, federal and local data establishes that retailers in Northampton enjoy a success rate of more than 93.5% for youth compliance checks. To ban these products, which are used by legally purchasing adults, would simply be a punishment on adults.”

Fortunately the Northampton Board of Health saw the light and resisted the urge to dictate further what residents may or may not consume.

“We are fighting for the rights and dignity of adult-age consumers to make their own choices and the rights of responsible retail store owners to do business.” says Ponte.

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