Testimony of
Erin Trabucco, General Counsel

Before the Joint Committee on Public Health
June 16, 2009

RE: H.2054 and S.813, Relative to Restricting the Sale of Tobacco Products at Locations Where Health Professionals are Employed
H.2716 and S.905, Relative to Smoking and Cigar Bars

          
The Retailers Association of Massachusetts (RAM), established in 1920, is a statewide trade association of over 3,100 retail and restaurant member companies.  Our membership ranges from independent “mom and pop” retailers to larger national retail chains.  The retail industry's contributions to the Commonwealth include over $112 billion in annual sales; over $5.7 billion in annual sales and use taxes; 17% of Massachusetts jobs; and operations in over 38,000 locations across the state.

On behalf of RAM, we respectfully oppose H.2054 and S.813, relative to restricting the sale of tobacco products at locations where health professionals are employed. 

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 Legislature 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.
 
Today's consumer has a wide variety of choices available to them when deciding where to shop.  Many consumers look for that one stop shopping experience and appreciate the availability of a wide variety of product offerings.  We ask that consumers be allowed to continue to enjoy that current flexibility of choice in the marketplace.

RAM supports both H.2176 and S.905 relative to smoking bars and cigar bars.

Again, as we all know, tobacco is a legal substance.  Smoking and cigar bars are places for smokers to go where they can smoke and not bother patrons that choose not to smoke or not to be around smoke.  These establishments are small businesses that are staffed by people who have chosen to work in this environment. 

Unfortunately, these businesses have been faced with proposals that will shut their businesses down.  Just like other business owners, smoking and cigar bar owners have invested large sums of money to open and operate a legal establishment. Many of these locations have sophisticated filtration systems that are extremely costly.  It is wrong to put these employers out of business after they have opened their doors.  We respectfully ask the Committee to protect these small business owners by giving H.2176 and S.905 a favorable report.