Attorney General's News Release

June 25, 2001

Walgreens to strengthen compliance with law on tobacco sales to minors, will pay $46K

Jefferson City, Mo. — Attorney General Jay Nixon announced today that the drug store chain Walgreens will more closely comply with laws prohibiting tobacco sales to minors under a court order signed today by a St. Louis judge. Walgreens is cooperating with the state of Missouri and has upgraded its safeguards and systems designed to prohibit the sale of tobacco products to minors.

In May 2000, Nixon filed a lawsuit against the company after compliance checks found several stores missing required signs on underage sales, as well as a rate of sales to minors that was above the state average; Walgreens admitted to violating the law on 46 separate occasions when minors were able to buy tobacco products.

In addition to better compliance with the law, Walgreens also will pay a civil penalty of $11,500 to the state and $34,500 to the state to cover the cost of investigating and prosecuting the case.

"This sends a strong message that we will continue to be aggressive at every level to keep cigarettes out of the hands of children," Nixon said. "Too many people get hooked on nicotine when they are still in their teens. Ensuring that our retailers know the law and fully comply with it can be significant in stopping kids from smoking."

Nixon praised the work of the Missouri Department of Mental Health's Division of Alcohol and Drug Abuse in conducting more than 8,000 compliance checks for underage sales over a 27-month period during 1998 to 2000. Those checks led to the lawsuits against Walgreens and other retailers.

The assurance of voluntary compliance signed by Circuit Judge Robert Dierker requires Walgreens to:

• Display prominent signs in each area of their stores where tobacco products are sold.
• Ensure that it has a tobacco-compliance employee training program in place and administered to all employees who sell tobacco products to the general public. Those employees must acknowledge that they have been trained and understand Walgreens' policy.
• Not distribute tobacco products to anyone who appears to be under the age of 27 without first requiring proof of age.

Nixon also sued the retail chains 7-Eleven and Discount Smoke Shop for having underage tobacco sales rates higher than the state average. Nixon obtained a court order for compliance and penalties against Discount Smoke Shop earlier this year; the lawsuit against 7-Eleven is awaiting trial in Jackson County.

The Food and Drug Administration 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. In addition, the Missouri General Assembly passed a bill this year prohibiting anyone under 18 from possessing tobacco products; that bill is awaiting the governor's signature.

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

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