Attorney General's News Release

May 25, 2000

Nixon sues retail chains to halt tobacco sales to minors

Jefferson City, Mo. — Attorney General Jay Nixon today sued retail chains 7-Eleven, Walgreen and Discount Smoke Shop to halt the illegal sale of tobacco products to minors in violation of Missouri consumer protection laws. Nixon filed individual lawsuits against each corporation, alleging their rate of sales to minors is well above the state average, and that 7-Eleven stores in Missouri sell to minors twice as often as do 7-Eleven stores nationally.

Nixon's evidence is based on 8,289 compliance checks conducted by the Missouri Department of Mental Health over a 27-month period that ended in March 2000. The checks showed a 45 percent non-compliance rate for 7-Eleven stores, a 30 percent non-compliance rate for Walgreen stores and a 50 percent non-compliance rate for Discount Smoke Shops. The statewide average non-compliance rate for all retail stores is 28 percent.

(The Food and Drug Administration has a site to search whether retailers in your area sold tobacco to minors. Information was gathered from the Missouri Department of Mental Health's compliance checks.)

"Missouri has a serious problem with teen smoking and this is where Missouri teens are getting their cigarettes," Nixon said. "We have taken aggressive action against the tobacco companies for advertising to minors, but now it is time to crack down on those retailers who are selling to minors.

"These retailers share responsibility both at the corporate level and the individual level for their role in addicting teens to tobacco products," Nixon said. "We have learned the hard way that this addiction has dire consequences to the health of our citizens, and results in a huge economic burden to our state."

In addition, Nixon said a spot check by the Attorney General's Office yesterday showed that of 15 7-Eleven stores checked, all were in violation of a state law requiring notice regarding Missouri's prohibition of tobacco sales to minors. A spot check of nine Walgreen stores also showed that all were in violation of the laws requiring notice regarding underage sales prohibition.

The FDA reports that more than 80 percent of tobacco users began their habit before the age of 18. In Missouri, more than 27,000 children under the age of 18 become smokers each year, and experts report that most teen smokers purchase tobacco products at retail stores, even though the sale of tobacco products to a minor is prohibited in every state.

Missouri Department of Health statistics show that Missouri has the sixth highest adult smoking rate in the country; that more than half of Missouri kids have tried smoking by the time they reach 8th grade; and that more than 40 percent of Missouri high school students are regular smokers.

Nixon filed suit in St. Louis City against Walgreen, of Deerfield Ill, for underage sales at more than 34 stores located in St. Louis and throughout Missouri. The lawsuit against 7-Eleven Corp., of Dallas, and against 22 individual franchises located throughout Missouri was filed in Jackson County.

The suit against Discount Smoke Shop Inc. for underage sales in seven stores in Springfield and St. Louis was filed in Greene County. Discount Smoke Shop is headquartered on Clayton Road in St. Louis.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818