Board of Health passes proposal that bans cigarette sales at pharmacies, Walmart in 2012

Dec 1, 2011

If you're a smoker who tends to pick up a pack of cigarettes at Walmart or one of Wareham's drugstores, you'll be out of luck come January.

The Board of Health on Wednesday, Nov. 30 passed a proposal that will ban the sale of tobacco products at pharmacies starting January 1, 2012. Wareham's Walmart, Rite-Aid, and CVS locations will be affected.

All other tobacco and nicotine permitted businesses will continue to sell their products as usual.

Bob Collett, director of the Cape Cod Regional Tobacco Control Program, explained to the Board of Health that the proposal, which came as a suggestion from the Massachusetts Department of Public Health, helps correct the contradiction of businesses that sell health and wellness products and also cigarettes which can cause numerous health issues.

The proposal passed two to zero. This constituted a quorum because there were only two official members on the Board of Health at the time. Newly appointed full-time Board of Health member Frank DeFelice could not vote because he had not been sworn in at the time of the vote, but said he fully supported the proposal. Bob Brady, who doesn't have a vote as an associate member, also voiced his approval. The Board of Health will send out letters to alert the establishments of the new changes.

Wareham will be the 23rd town in the state to enact this proposal, according to DJ Wilson, tobacco control director for the Massachusetts Municipal Association. He told the Board of Health that there is the potential that this change could eventually become a state law.

The "patch," nicotine gum, and other FDA-approved tobacco products will continue to be sold at Walmart and the three drug stores. Electronic cigarettes, also known as "ecigarettes," are not included under that umbrella because they are not approved by the FDA. Electronic cigarettes, which simulate the act of smoking without the odor, are often thought to be a healthier alternative to traditional cigarettes, but concerns have been raised about the device appealing to children and that it might still carry health risks.

Kerry Mello, a community benefits manager at Southcoast Hospitals Group, attended the public hearing to voice her support of the change on behalf of the hospital group.

"Smoking is one of the biggest problems in the area," she said, adding that Wareham has the second highest occurrence of lung cancer in the state because of the number of smokers in the area.

Nancy Bonell, co-coach of Voices for a Healthy Southcoast and Vice President of YMCA Southcoast, and Judith Coykendall, program manager of Seven Hills Behavioral Health in New Bedford, also came before the Board of Health to voice their approval of the change.

Though the change might inconvenience some Wareham smokers, others are not bothered by the new law.

Anne Kiley said she "absolutely" understands why they would be cigarettes from being sold at pharmacies, when the purpose of the establishments is to sell things for one's health. She added that the change will not affect her because she usually purchases her cigarettes from Cumberland Farms.

"Just as long as they don't ban them in entirely," Kiley said.

Matthew Diaz expressed similar sentiments.

"It makes a lot of sense," Diaz said in regards to the reasoning behind the proposal. "I like my cigarettes, but I understand it."

He added that he doesn't purchase his cigarettes at Walmart or the local pharmacies because they're more expensive.

Kim Bedard also said that the price is what keeps her from purchasing her cigarettes from those establishments, adding that it's almost a dollar more expensive.

"I would never think to buy mine at a pharmacy," Bedard said.

As a result of the change, the number of tobacco and nicotine sales permits in town dropped from 41 permits to 38. The Board of Health approved the creation of one permit in the event a new business comes to town and an owner is looking to sell tobacco products.

The pharmacies that have already paid for next year's permit will be reimbursed, according to Health Agent Bob Ethier. The proposal also added a clause, saying that a business that has failed to renew a tobacco and nicotine permit before January 31 of any given year will be treated as a first-time permit applicant and could potentially be denied.

If a proprietor purchases a business that holds a current permit, he or she has 60 days from the sale to apply for the permit if he or she intends to sell tobacco and nicotine products.