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Yarmouth delays Cape Cod Farms tobacco hearing after dispute over identified product
Summary
At a Dec. 2 Yarmouth Board of Health hearing, staff presented an inspector's report alleging a banned flavored tobacco product was for sale at Cape Cod Farms (252 Route 28). The retailer disputed the product identification; the board postponed the case until the inspecting official can attend.
A Yarmouth Board of Health hearing about an alleged tobacco violation at Cape Cod Farms, 252 Route 28, was put on hold on Dec. 2 after the retailer disputed the inspector's identification of the product.
Health staff said an inspection conducted Nov. 15 by regional tobacco-control inspector Bob Collette identified and documented a product he described as "Game Green," which staff said would be a flavored product subject to local and state restrictions. The written report and follow-up email from Collette were included in the board packet but Collette was not present at the meeting; staff said he is on vacation until Dec. 6.
Representatives associated with the retailer told the board the product Collette cited was not the same item they sell. One man who identified himself as Girish said the store sells a product they call "Game Green Sweet," and argued the two items are distinct despite similar packaging: "We don't sell Game Green. We only sell Game Green Sweet," he said. Another family member, Suresh, said the store received a town letter that listed "Game Green," which prompted their appearance at the hearing.
Board staff said Collette's written report explicitly identified "Game Green" and that the board should hear from him directly given the potential penalty. Staff also noted an anonymous FDA complaint had been received about the same retailer. The board asked the retailer representatives to bring packaging or allow staff to photograph the product so Collette can review the evidence when he appears.
Health staff told the board a first-offense violation of the town and state tobacco rules could carry a fine of $1,000, underscoring why the board wanted the inspector to clarify the product identification in person or via photos. The board did not take disciplinary action at the Dec. 2 meeting and agreed to pause the matter until Collette is available; staff tentatively scheduled the matter for the board's Dec. 16 meeting and asked the retailer to appear with product samples or photographs.
The hearing record shows the board followed its standard procedure of allowing the retailer to explain how the alleged violation occurred and asked staff to supply documentation and visual evidence before proceeding to any sanction.
The Board of Health postponed further action pending Collette's attendance on Dec. 16 and the return of any requested photographic evidence.
