Stephen Epstein, M.D., Chairman
Board of Health
Town of Needham
1471 Highland Ave
Needham, MA  02492

Re:  Proposed Amendments to the Regulation Affecting Smoking and the Sale of Tobacco in Needham

Dear Chairman Epstein & Members of the Board:

The Retailers Association of Massachusetts (RAM), established in 1920, is a statewide trade association of over 3,100 member companies.  Our membership ranges from independent, “mom and pop” owned stores to larger, national chains operating in the general retail, restaurant and service sectors of the retail industry.  The industry's contributions to the Commonwealth include over $112 billion in annual sales; over $5.7 billion in annual sales and use taxes collected; 17% of all Massachusetts jobs; and operations 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 Board 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 respectfully requests that the Board of Health withdraw these proposed amendments and we thank you for your consideration.

Sincerely,

Erin Trabucco
General Counsel