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The lawsuit claims the town law is preempted by state law, which allows those older than 21 to purchase tobacco, and violates equal protection guarantees in the state's constitution by "arbitrarily dividing the adult population into two classes with distinctly unequal rights." Over the summer, Healey said the Brookline law was in line with state and federal laws

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and they will find, through the black market or underground economy, a way to get cigarettes. A menthol ban in New York could not only drive up illegal sales but would also decrease state tax revenue by nearly $225 million per year, according to the Tax Foundation