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Yarmouth Board of Health fines Route 28 retailer $1,000, suspends tobacco sales for three days
Summary
After an inspection found a banned flavored tobacco product on store shelves, the Town of Yarmouth Board of Health voted to fine Cape Cod Farms $1,000 and suspend its tobacco sales permit for three days (Dec. 18–20, 2024). The board also required the retailer to post signage and deliver payment to the town.
The Town of Yarmouth Board of Health voted Dec. 16 to impose a $1,000 fine and a three-day suspension on the tobacco sales permit of Cape Cod Farms at 252 Route 28 after a tobacco-control inspection found an unauthorized flavored product on store shelves.
Bob Colette, director of the Cape Cod Regional Tobacco Control Program, told the board he inspected the store on Nov. 15, 2024, and observed the vanilla-flavored product “Game Green” displayed in two locations—on the counter and on the power wall behind the register. Colette said flavored tobacco products are illegal in Massachusetts and that he advised staff to remove the items and return them to the distributor.
A store employee told the board he was new and that the owner believed the product on the shelf was the legal variant “Game Green Sweet.” When Colette pointed out the vanilla product, the employee said staff removed it that day. Colette said the distributors and retailers bear responsibility to ensure products meet legal requirements and recommended enforcement consistent with prior cases.
Mary (board member) moved to find the retailer in violation, assess a $1,000 fine and suspend tobacco sales for three days; the motion was seconded and passed by unanimous voice/hand vote. The board set the suspension to start Wednesday, Dec. 18, and run through Friday, Dec. 20, 2024, to give the retailer one day to post signage notifying customers. The board also instructed the retailer to deliver a $1,000 check to the Town of Yarmouth.
Colette told the board he typically leads with education during inspections but said there is no variance for flavored products. He also reported additional violations at the store were identified by other agencies within days of his visit.
The board said health-department staff will do compliance checks during the three-day suspension to confirm tobacco products are not visible to customers and to verify signage. The board did not record a roll-call tally in the public transcript; members voted “aye” and the motion passed unanimously.
The board’s action follows its stated enforcement approach: education first, enforcement when sellers offer products that state law and town permit rules prohibit. The health department said it will circulate updated guidance and a list of products to retailers in the coming weeks.
