Mass. Gen. Laws » Part IV Title I Chapter 270
Massachusetts General Laws

Mass. Gen. Laws ch. 270, § 6 (2026)

Sale or provision of tobacco product to person under 21 years of age

✓ current as of July 2026
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Section 6. (a) As used in this section and sections 6A and 7, the following words shall have the following meanings unless the context clearly requires otherwise:

''Manufacturer'', a person that manufactures or produces a tobacco product.

''Person'', an individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver.

''Retail establishment'', a physical place of business or a section of a physical place of business wherein a tobacco product is offered for sale to consumers.

''Retailer'', a person that operates a retail establishment.

''Tobacco product'', a product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization; provided, however, that ''tobacco product'' shall also include any component, part or accessory of a tobacco product; and provided further, that ''tobacco product'' shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product and is marketed and sold exclusively for the approved purpose.

(b) No person shall sell or provide a tobacco product to a person who is under 21 years of age.

(c) No manufacturer or retailer shall distribute or cause to be distributed a free sample of a tobacco product in a retail or other commercial establishment; provided, however, that this subsection shall not apply to retail tobacco stores and smoking bars as defined in section 22.

(d) A person who violates this section shall be punished by a fine of $1,000 for the first offense, $2,000 for a second offense and $5,000 for a third or subsequent offense.

(e) The department of public health may promulgate regulations to implement this section.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1990–2025 · leading case: Kyte v. Philip Morris Inc., 556 N.E.2d 1025 (Mass. 1990).
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Kyte v. Philip Morris Inc., 556 N.E.2d 1025 (Mass. 1990). · cites it 6× “They claim that, as minors, they repeatedly purchased Marlboro and Parliament brand cigarettes at Store 24 convenience stores in violation of G.L.c. 270, § 6 (1988 ed.), which makes illegal the sale of tobacco in any form to a minor.”
Commonwealth v. Moses, 557 N.E.2d 14 (Mass. 1990). · cites it 2× “Regarding the issue of actual knowledge of the plaintiffs’ incompetence, it is evident from the provisions of G. L. c. 270, § 6, that the Legislature has determined that all minors, without the aid of a parent or guardian, are incompe *184 tent to make the decision whether or…”
Evans v. Lorillard Tobacco Co., 22 Mass. L. Rptr. 91 (Mass. Super. Ct. 2007). · cites it 8× “Count IV — Public Nuisance In Count IV, the Plaintiff alleges that the Newport cigarette giveaways that Lorillard conducted around the area where Evans grew up constituted a significant interference with the public health and safety in violation of G.”
RYO Cigar Ass'n v. Boston Pub. Health Comm'n, 950 N.E.2d 889 (Mass. App. Ct. 2011). · cites it 3× “750, 751 (1993) (limited ban on cigarette vending machines by local board of health upheld); G. L. c. 270, § 6 (imposing an age limit for tobacco sales).”
Commonwealth v. Kneram, 826 N.E.2d 733 (Mass. App. Ct. 2005). “and shall be punished”); G. L. c. 270, § 6, as amended by St. 1985, c.”
Kotler v. Am. Tobacco Co., 731 F. Supp. 50 (D. Mass. 1990). “The case was reported to the SJC for determination of the extent to which civil liability may be imposed upon cigarette manufacturers for violation of M.G.L. c. 270, § 6, referred to above. As I understand Massachusetts procedure, the scope of appellate review is limited to the…”
Cumberland Farms, Inc. v. Bd. of Health of Braintree (Mass. 2025). · cites it 5× “See G. L. c. 270, § 6 (d). The Legislature explicitly authorized DPH to "promulgate such procedures, rules or regulations as it deems necessary to implement" § 28's ban on flavored tobacco products.”
Commonwealth v. Mattis (Mass. 2024). · cites it 4× “138, § 34; G. L. c. 270, § 6; G. L. c. 140, § 131 (d) (iv); G.”
Six Bros., Inc. v. Town of Brookline (Mass. 2024). · cites it 4× “See G. L. c. 270, § 6 (b), as appearing in St.”
Cumberland Farms, Inc. v. Bd. of Health of the Town of Barnstable & Others (Mass. Super. Ct. 2019). “See G.L. c. 270, § 6. The Defendants contend that, by limiting youths' access and exposure to flavored tobacco products, underage usage of such products will decrease.”
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