The Amherst Board of Health is considering implementing restrictions on the sale of oral nicotine pouches in certain retail establishments.
The proposed regulation would prevent non-age restricted retail establishments like convenience stores and gas stations from selling nicotine pouches. The recommendation is part of a 13 page draft of tobacco and vape product regulations the board released for public comment last November.
The draft also includes regulations regarding signage postings, permitting, the prohibition of free distribution of tobacco products, and a mandate that all tobacco sales must occur face-to-face.
During a public comment session in February, community members were invited to share their concerns and support for the regulations. Overwhelmingly, they commented on the nicotine pouch restriction.
“It's the only pending topic,” said Risha Hess, chairperson of the Amherst Board of Health. "Everything else has been sort of agreed upon and is ready to go.”
The community was largely split on the issue.
“We heard from people who felt they should be banned. We heard from people who supported the direction we were headed, and then we heard from people who felt like they should be more widely available,” said Hess.
Ultimately, the Board decided to postpone the vote. Hess says they will continue to research the issue before reconvening on April 4 to discuss and potentially hold a vote.
"There was a lot of comment on this and we don't feel like we have all the information. And so we had agreed to go back, do some research and come back at our next meeting next month and hopefully take a vote," she said.
The draft’s statement of purpose asserts the regulation of establishments selling tobacco and vape products in a manner that will restrict youth access to tobacco products, in the interest of public health.
However, some business owners and community members argue that the restrictions could have the opposite effect.
“If you restrict these products to adult only facilities, essentially vape shops, that's actually counter public health,” said Peter Brennan, executive director at the New England Convenience Store and Energy Marketers Association. “You're just making it harder for people to find less harmful alternatives.”
He said nicotine pouches are an alternative to cigarette and cigar smoking.
“If you want a smoker to quit smoking, you want them to have alternatives,” said Brennan. “You want those alternatives to be visible behind the register, where they're used to buying their cigarettes.”
Brennan also voiced economic concerns.
“Depending on your store, you know, location, whether you have hot food, etc., nicotine could be up to 30% of your in-store revenue,” Brennan said. “And we've seen the fastest growing segment is nicotine pouches.”
The discussion of restricting the sale of nicotine pouches is not limited to Amherst. According to a document provided by Brennan eight municipalities are discussing restrictions including East Longmeadow and Southwick and ten have already passed them, including West Springfield, although the regulations have not gone into effect there, pending approval from Mayor Will Reichelt.
In February, Belchertown passed a “Nicotine Free generation” initiative that prohibits the sale of nicotine products to individuals born on or after January 1, 2004.
Brennan believes Belchertown is likely feeling negative economic ramifications from the Nicotine Free generation initiative.
Hess said the head of the Belchertown Board of Health did attend the most recent Amherst Board of Health public comment sessions and board meetings to share his experiences.
"The focus of most of his comments were on other things, not the nicotine pouches, but, yes, we have spoken with him quite a bit," she said.
