NO SALE:
YOUTH, TOBACCO AND RESPONSIBLE RETAILING
Findings and Recommendations for Developing Responsible Retail Sales Practices and Legislation to Eliminate Illegal Tobacco Sales to Minors

Arizona Attorney General Grant Woods
Arkansas Attorney General Winston Bryant
*Connecticut Attorney General Richard Blumenthal
Florida Attorney General Robert A. Butterworth
Guam Attorney General Donald L. Paillette
*Hawaii Office of Consumer Protection Philip Doi, Executive Director *Iowa Attorney General Bonnie J. Campbell
Kansas Attorney General Robert T. Stephan
*Louisiana Attorney General Richard P. Ieyoub
*Maryland Attorney General J. Joseph Curran, Jr.
*Massachusetts Attorney General Scott Harshbarger
Michigan Attorney General Frank J. Kelley
*Minnesota Attorney General Hubert H. Humphrey, III
Mississippi Attorney General Mike Moore
Montana Attorney General Joseph P. Mazurek
Northern Mariana Islands Attorney General Richard Weil
New Jersey Attorney General Deborah T. Poritz
New Mexico Attorney General Tom Udall
*New York Attorney General G. Oliver Koppell
*Oklahoma Attorney General Susan B. Loving
*Rhode Island Attorney General Jeffrey B. Pine
*Texas Attorney General Dan Morales
Utah Attorney General Jan Graham
*Vermont Attorney General Jeffrey L. Amestoy
Washington Attorney General Christine O. Gregoire
West Virginia Attorney General Darrell V. McGraw, Jr.
Wisconsin Attorney General James E. Doyle

* Denotes member of the Working Group

TABLE OF CONTENTS

Executive Summary

I. TOBACCO USE AMONG YOUTH

Most Smokers Become Addicted To Tobacco As Children

Restricting Youth Access Is The Key To Breaking The Cycle Of Smoking

The Number Of Teen Smokers Is Not Decreasing

A. Tobacco Companies Target Young People

B. Youth Are Less Likely To Be Concerned About The Dangers

C. Minors Have Easy Access To Tobacco

Where Children Purchase Tobacco

II. INCREASED LAW ENFORCEMENT EFFORTS

III. THE ATTORNEYS GENERAL'S INITIATIVE

How The Retail Industry Is Currently Addressing The Problem

A. Gas Station Stores

B. Convenience Stores

C. Supermarket Chains

D. Drugstores

E. Discount Stores

F. Tobacco Industry Voluntary Compliance Programs

G. Tobacco Industry Voluntary Compliance Programs

IV. RECOMMENDATIONS FOR RESPONSIBLE RETAILING

1. USE SECRET SHOPPERS TO MONITOR EMPLOYEE COMPLIANCE WITH THE LAW, AND REWARD EMPLOYEES WHO COMPLY

2. PROGRAM EXISTING ELECTRONIC PRICE SCANNERS WITH TOBACCO "LOCKS" TO HELP CONTROL TOBACCO SALES

3. EXPEDITE THE USE OF PRICE SCANNER SYSTEMS WITH TOBACCO "LOCKS"

4. DEVELOP EFFECTIVE TRAINING ON AVOIDING ILLEGAL TOBACCO SALES TO MINORS, AND GIVE THIS TRAINING EQUAL EMPHASIS WITH THAT GIVEN TO TRAINING ON AVOIDING ILLEGAL ALCOHOL SALES

5. HOLD STORE MANAGERS ACCOUNTABLE FOR THEIR STORES' COMPLIANCE WITH THE LAW

6. KEEP TOBACCO PRODUCTS BEHIND THE SALES COUNTER OR IN LOCKED CASES

7. DO NOT SELL SINGLE CIGARETTES EITHER IN OPEN DISPLAYS OR FROM BEHIND THE COUNTER

8. POST PROMINENT SIGNS TO REINFORCE THE LAW

9. REMOVE CIGARETTE VENDING MACHINES FROM RETAIL STORES

10. REQUIRE PROOF OF AGE, IN THE FORM OF A RELIABLE PHOTOGRAPHIC IDENTIFICATION, FOR ANYONE WHO APPEARS TO BE TWENTY FIVE OR YOUNGER

11. REMOVE ADVERTISEMENTS, IN-STORE DISPLAYS AND PROMOTIONAL ITEMS THAT ENCOURAGE MINORS TO BUY TOBACCO

12. IN THE ALTERNATIVE, RETAILERS WHO PREFER NOT TO TAKE PROACTIVE STEPS TO PREVENT ILLEGAL SALES SHOULD CONSIDER SIMPLY ELIMINATING TOBACCO FROM THEIR STORES

V. LEGISLATIVE RECOMMENDATIONS

1. LEGISLATURES SHOULD BE WARY OF SOLUTIONS ADVANCED BY THE TOBACCO INDUSTRY

2. STATE LEGISLATION SHOULD NOT PREEMPT LOCAL ORDINANCES

3. STATE LAWS SHOULD CREATE OR REQUIRE A LICENSING SYSTEM FOR TOBACCO SALES

4. THE LICENSING AND ENFORCEMENT SYSTEM SHOULD BE SELF-SUPPORTING

5. THE LICENSING SYSTEM SHOULD USE GRADUATED FINES, WITH LICENSE SUSPENSION FOR REPEAT OFFENSES

6. THE LAW SHOULD INCLUDE POSITIVE INCENTIVES FOR RESPONSIBLE RETAILING

7. THE LAW SHOULD REQUIRE PERIODIC COMPLIANCE CHECKS

8. THE LAW SHOULD NOT LIMIT WHO CAN CONDUCT COMPLIANCE TESTS

9. STATE LAWS SHOULD LIMIT YOUTH ACCESS TO TOBACCO BY RESTRICTING VENDING MACHINE SALES AND PROHIBITING FREE SAMPLING

10. STATE LAWS SHOULD REQUIRE DRIVER'S LICENSES TO BE DESIGNED TO MAKE AGE IDENTIFICATION EASY

CONCLUSION