As tobacco-free month approaches, the fight against underage smoking is gaining strength. The association Alliance Against Tobacco (ACT) filed a request this Thursday, October 17, before the Council of State in order to denounce “the insufficient control and sanction of the State towards tobacconists on the question of the sale of tobacco to minors”. The ACT relied on a survey by the National Committee against Tobacco (CNCT), according to which two thirds of tobacconists sell it to minors, it condemns “tobacconists (who) transgress the law with impunity by continuing to sell tobacco products to under 18s». This is the first administrative dispute directed against state services regarding the sale of tobacco products.
On the one hand, in its request, the association enjoins the State of “take all useful measures likely to guarantee compliance with these obligations, and in particular to strengthen, both quantitatively and qualitatively (the so-called “mystery shopper” methodology), the measures to control tobacco shops and attach them to quantitative objectives, to provide for more frequent and dissuasive sanctions, going as far as withdrawal of the license”. On the other hand, she asks the State for 6,000 euros, and that the convicted tobacconists display the sanctions on their storefronts.
According to the National Committee Against Smoking, more than one in four 17-year-olds smoke daily. And yet, the legislative framework has been revised several times to better regulate the practice. In 2003 the Recourse law prohibited any sale of tobacco products to young people under the age of 16, then was extended to those under 18 in 2009. The system was strengthened in 2016 and indicates that the tobacconist must require a document of identity to his client, if he doubts his age. Failure to comply with the ban on the sale of tobacco to minors exposes the seller to a fine of between 135 and 750 euros.
The Alliance Against Tobacco had already sent a formal notice in mid-August to the Prime Minister, the Minister of the Economy, the Minister of the Interior and the Minister of Health. “to take all useful measures to put an end to ignorance of the ban on the sale or free offering of tobacco and vaping products to minors”. In the absence of a response, she finally contacted the Council of State.
Martin Drago, advocacy manager at ACT, points out the laxity of public authorities “while the State, and in particular the Ministry of Public Accounts, has the mission of sanctioning tobacco sellers who do not respect the law, the public authorities provide the profession with real support, by increasing public aid year after year (4.4 billion euros in public aid over the period 2004-2027).”
The annual congress of the Confederation of tobacconists under high tension
The association announced that it would take legal action only a few hours before the opening of the annual congress of the Confederation of tobacconists, where the Minister of the Budget Laurent Saint-Martin and the Customs service will notably intervene. “While tobacconists in France are the main culprits for the failure to ban the sale of tobacco to minors, the Minister of Public Accounts and the Director General of Customs will reiterate their support for the profession this very day during their national congress. This situation is completely astonishing”denounced the plea.
For his part, the president of the Confederation of tobacconists, Philippe Coy, affirmed that “the sale prohibited to minors is a major subject within the network, which will be addressed again during our congress”. “Between the Bob qualification program (officially benevolent tobacconists) and the equipment of control cameras via AI, tobacconists are fully concerned by the law and are committed to enforcing the rules”he insisted. Furthermore, Philippe Coy points the finger at the association and believes that“there is a real question to raise about the ACT which ultimately for 30 years, and living on public aid funds, has been more concerned with stigmatizing the profession of tobacconists than taking action against the prevalence of smoking. Where are their results and their actions on their primary vocation?he asked himself.
Source: www.liberation.fr
