Problem/Objective: Since FY03, illegal tobacco sales to minors in Massachusetts increased from 11.6% to 22.7% in FY06. FY06 is the first year the Massachusetts illegal sales rate has exceeded the Synar threshold. Of note, FY05 was the first year that each state in the nation achieved a sales rate below 20%.

Methods: MTCP draws a random statewide sample of retailers and contracts with local Boards of Health and community agencies to conduct compliance checks.

Results: The increase in sales to minors is confined almost exclusively to those communities who do not receive state funding to enforce youth access regulations, provide merchant education, and conduct local policy promotion. Illegal sales rates to minors in funded municipalities fluctuated between 10%-13% from FY03 to FY06. In contrast, sales rates in unfunded municipalities rose steeply from 11% in FY03 to 29% in FY06.

Conclusions: Cutting funding to local boards of health for enforcement activities resulted in a steady rise in illegal sales where funds were not available. Prior to significant budget reductions in FY03, MTCP funded 307 of 351 local boards of health. In FY03, two-thirds of contracts with Boards of Health were terminated. Gradual budget increases through FY06 enabled MTCP to reinstate some funding to local boards of health. By January 2007, 180 local boards of health receive MTCP funding for tobacco control enforcement and policy promotion activities. But funds for media and communication campaigns, local youth programs, and consumer protection enforcement through the Attorney General's Office were eliminated in FY03 and were never restored.