CVS To Pay Large Fine After Continuing Tobacco Sales to Minors

This is the third action the Attorney General's Office has taken against CVS concerning the pharmacy chain's tobacco sales practices. In 1998, attorneys general from Massachusetts, New York and Vermont reached an agreement with CVS requiring the pharmacy chain to eliminate all self-service displays of cigarettes and smokeless tobacco products in Massachusetts. In 2003, after CVS continued to use self service displays and sell tobacco to children, the Commonwealth filed a final judgment by consent against CVS and the company paid $90,000 in penalties to Massachusetts. Today, AG Reilly files an amended final judgment by consent that addresses CVS's high rate of cigarette sales to Massachusetts children over the past two years.

Under the agreement, CVS, which operates about 313 stores in Massachusetts alone, will have to pay as much as $100,000 in additional penalties if it fails to substantially curb its tobacco sales to minors over the next two years.

The Attorney General's tobacco sales regulations require stores to place cigarettes, smokeless tobacco, and cigars out of reach of customers. The regulations also require tobacco retailers to check a valid photo identification to make sure that tobacco purchasers are at least 18, unless the purchaser appears to be at least 27. State law prohibits the sale of tobacco products to persons under 18, and requires all stores that sell tobacco to post notice of that prohibition in plain view.

Today, attorneys general from 44 states and jurisdictions entered into a separate agreement with CVS calling for the implementation of measures similar to those required by AG Reilly. This multi-state settlement is the eighth agreement produced by an ongoing, multi-state enforcement effort in which AG Reilly has taken a lead role. Previous agreements cover all 7-Eleven, Wal-Mart, Walgreens and Rite Aid stores, and all gas stations and convenience stores operating under the Conoco, Phillips 66 or 76, Exxon, Mobil, BP, Amoco and ARCO brand names in the signing states, including Massachusetts. Combined, the agreements cover more than 60,000 retail outlets across the nation.

Launched in 2000, the multi-state enforcement effort by attorneys general focuses on retailers with poor records of selling tobacco products to minors. The enforcement program's goal is to reach agreements with the companies to take specific corrective actions. The agreements incorporate "best practices" to reduce sales to minors and were developed by the attorneys general in consultation with researchers and state and federal tobacco control officials.