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SIX BROTHERS, INC. v. TOWN OF BROOKLINE

SJC-13434.

493 Mass. 616 (2024)

SIX BROTHERS, INC., & others v. TOWN OF BROOKLINE & another.

Supreme Judicial Court of Massachusetts.

March 8, 2024.

Attorney(s) appearing for the Case

Patrick C. Tinsley ( Adam C. Ponte also present) for the plaintiffs.

Christopher N. Banthin ( Mark Gottlieb also present) for the defendants.

The following submitted briefs for amici curiae:

Nicholas A. Ogden, Assistant Attorney General, for the Commonwealth.

Christopher M. Morrison for American Snuff Company, LLC.

Mina S. Makarious, Christina S. Marshall, & Matthew R. Bowser for American Cancer Society Cancer Action Network & others.

Present: Budd, C.J., Gaziano, Lowy, Kafker, Wendlandt, & Georges, JJ.

In 2018, as part of a larger act entitled "An Act protecting youth from the health risks of tobacco and nicotine addiction," St. 2018, c. 157 (Tobacco Act or act), the Legislature prohibited the sale of tobacco products in the Commonwealth to persons under the age of twenty-one, thereby raising the minimum age for such sales from eighteen...

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