Above: The Board of Health changed Town regulations after judging that claims of at least one tobacco manufacturer didn’t pass the smell test. (images cropped from video of July 15th meeting)
Yesterday, the Board of Health voted to update its tobacco regulations. The decision was prompted by recently learning that at least one convenience store in town was purportedly selling “pouch” tobacco/nicotine in flavors that would appeal to kids.
The changes, effective September 1st, were made at a hearing on Tuesday morning. The evening prior, I received a press release on behalf of the New England Convenience Store and Energy Marketers Association (NECSEMA). It claimed “Convenience store owners are condemning the Southborough Board of Health’s proposal to move all nicotine pouch sales to adult-only stores.”
As referenced, the new regs restrict the sale of tobacco pouches to Adult-Only Retail Tobacco Stores. In July, the board noted that there are no stores fitting that definition in Southborough.
However, the release didn’t specify/quote any Southborough stores or owners.1 It’s notable that none contacted the Board of Health directly about the regulation change.
I was the only public commenter at the hearing held over zoom on Tuesday. I asked if they had received the release. Chair Chelsea Malinowski answered that they hadn’t and hadn’t received public comment from anyone else, though the stores in town had been issued the hearing notice.
Malinowski followed up with me to make me aware of the prior discussion the board had in its July meeting on the “mislabeling of tobacco products”.
In that meeting (which you can watch here), the board tested oral nicotine pouches that had been sold by Cordaville Market. Members were shocked to discover that products with manufacturer documentation claiming they have “no characteristic flavor”, had scents and flavors they considered “distinct”. In smelling and tasting, they referred to profiles including mint, chocolate/mocha, spicy, and sweet flavors. Member Safdar Medina pointed to the brand “Crave Mega” as having the most blatantly flavored products.
The prior regs were consistent with state laws banning any retail sale of “Flavored Tobacco Products”, and included the following definitions:
Characterizing Flavor: A distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable either prior to or during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product. . .
Flavored Tobacco Product: Any tobacco product or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement, claim or indicia made or disseminated by the manufacturer of a tobacco product. or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a Flavored Tobacco Product
Under the new regs, even unflavored nicotine pouches will be prohibited at Southborough convenience stores. In addition, the regs allow the Health Dept to ban any tobacco products/enhancers it determines are flavored, despite manufacturer documentation to the contrary.
The reg changes also updated the town fines for store violations of regulations. They increased amounts $300 to the $1,000 that is currently assessed by the state for similar violations.
In the NECSCMA press release, the association highlighted the lack of adult tobacco stores in town and listed the folllowing objections to the regs:
- Removing nicotine pouches from gas stations and convenience stores in Southborough will create a substantial hardship on adult nicotine users.
- Oral nicotine pouches are considered less risky products than many other tobacco products, and adult consumers are adopting them to replace, in whole or in part, their use of tobacco products higher on the continuum of risk recognized by the FDA.
- Discouraging nicotine pouch use by removing them from most retailers frustrates this adult movement from higher risk to lower risk tobacco and nicotine products.
- Fewer than two out of 100 (1.8%) youth nationwide report using a nicotine pouch in the last 30 days. More than three times (6.3%) that number report using marijuana. This plan proposes to fix a problem that doesn’t exist.
- It does nothing to address under-age youth use of nicotine and tobacco products.
The press release encouraged the public to speak out at the hearing. However, the release wasn’t sent to me until 5:52 pm the evening before the 9:05 am hearing. (I had highlighted the Tobacco Regs hearing in my weekly post on Town board/committee meetings, but I didn’t have details about the proposed changes.)
In the board’s July meeting, members specified their worries that the flavored nicotine pouches were targeting kids, and about the impact of the potential invisibility of its use to parents. (It’s tucked between the cheek and gums, and flavored products didn’t smell like tobacco.) Medina, who is also the NSBORO Schools’ District Physician, highlighted:
we advocated against vape, flavored vapes, things like that. So, you saw the vaping incidents in teenagers decline. And now what we’re seeing is teenagers using pouches as that substitute as well. Then it’s the easiest thing to to hide from anyone, because it’s just right there. . . and we all know within four to six weeks you’re addicted, like for a lifetime.
In the July meeting, the Town’s Tobacco Control Manager, Parivallal Thillaigovindan, informed them that Westborough had recently removed the same types of flavored tobacco products. Looking at their recently updated regs, they banned the sale (from any type of establishment) of any flavored tobacco products, plus any nicotine pouches.
Yesterday morning’s discussion was brief. Members referred to the flavorings they had discovered, and noted that they hadn’t received any objections from the public. Without any public comments (other than mine) at the meeting, they quickly voted to unanimously approve the changes.
Members still need to sign the regulations that are set go into effect at the start of next month. You can read the updated version in the draft here.
