Attorney General's News Release

January 10, 2002

Nixon wins in trial against 7-Eleven over tobacco sales to minors; judge orders more training and strict ID checks

St. Louis, Mo. — After a three-day trial last month, a St. Louis City Circuit Court judge today found in favor of Attorney General Jay Nixon in his lawsuit against retail chain 7-Eleven and 19 of its Missouri franchisees to halt the illegal sale of tobacco products to minors.

In his order, Circuit Judge Julian L. Bush said 7-Eleven policies to prevent such sales "have proven a dismal failure." Judge Bush ordered the defendants to require any customer attempting to purchase tobacco products and who appears to be under the age of 27 to present a valid photo identification card.

"The judge's order clearly found that there was large-scale breakdown at these 7-Eleven stores in Missouri to enforce the law against selling tobacco to minors," Nixon said. "Company policy has to be backed up with action, and that was not the case here. This order serves notice that we will continue to go after retailers who break this law and who share responsibility for their role in addicting teens to tobacco."

7-Eleven also is required under the judge's order to have each of its employees, at hiring and on an ongoing quarterly basis, read and sign a form acknowledging that he or she understands and accepts the policy against the sale of tobacco to minors. The 20 defendants also were ordered to pay an aggregate civil penalty of $7,000 to the state.

In May 2000, Nixon filed lawsuits against 7-Eleven, Walgreens and Discount Smoke Shop, alleging that their rate of sales of tobacco products to minors was well above the state average. Nixon's evidence was 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 noncompliance rate for 7-Eleven stores, compared to a statewide average noncompliance rate for all retail stores of 28 percent.

Last June, Walgreens admitted to violating the law and under an agreement with Nixon, paid $46,000 to the state and upgraded its safeguards and systems designed to prohibit the sale of tobacco products to minors. In February 2001, Discount Smoke Shop also agreed to make policy changes to ensure compliance and paid $3,000 to the state.

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