Municipal – Flavored tobacco – Board of health

Massachusetts Lawyers Weekly

Factuality

Ownership

Municipal – Flavored tobacco – Board of health

Where the board of health of Braintree imposed a $1,000 fine on a convenience store for offering a flavored tobacco product for sale, the board’ decision should be upheld because (1) the store's manner of placement and display of the product, which would have led a customer reasonably to conclude that the product was available for purchase, supported the board's finding that it was being “offered for sale,” (2) the legislative and regulatory sch…