October 14, 2008

 

Boston Public Health Commission

Board Office

Attention: Julie Webster

1010 Massachusetts Avenue, 6th Floor

Boston, MA 02118

 

Re: Proposed Regulation to Restrict the Sale of Tobacco Products

 

Dear Ms. Webster:

The Retailers Association of Massachusetts (RAM) is a statewide trade association of over 3,000 member companies.  Our membership ranges from independent “mom and pop” retailers to larger, national chains, and includes many chain pharmacy and independent pharmacy members.  The retail industry's contributions to the Commonwealth include over $108 billion in annual sales; $5.9 billion in annual sales and use taxes; 17.5% of Massachusetts jobs; and operation in over 38,000 locations across the state.  RAM is the voice of the retail industry on state legislative and regulatory matters.

RAM wishes to be recorded in opposition to the proposed regulation to ban the sale of tobacco products in retail pharmacies and drug stores. 

 

We find this proposal to be discriminatory in that it seeks to ban the sale of tobacco, a legal product, in certain types of stores.  In taking this proposed course of action, the Commission is essentially picking winners and losers in a very competitive retail marketplace.  Retail pharmacies will be placed at a competitive disadvantage with the loss of tobacco products from their shelves.  Retailers should be allowed to decide for themselves whether or not to offer tobacco products to adult consumers.  It is simply unfair to deprive a legitimate retail business the opportunity to sell a legal product.

The proposed sales ban will not result in a decrease in tobacco usage.  Yet, it will result in the loss of revenue for those retail locations with pharmacies that currently sell tobacco.  Many of these retailers, particularly those small independently owned pharmacies, struggle to compete in the marketplace today on both price and availability of product.  The elimination of products from their shelves will result in a decrease in customer traffic and will impact the sale of any number of other product lines.  Depending on the current economic viability of a particular retail location, the resulting revenue loss to a competitor across the street that does not have a pharmacy may translate into job loss and possible store closings.  Again, the impact of the proposed regulation will be felt in deciding winners and losers.