Learning Objectives: State the need for more effective control of the sale of tobacco to minors over the internet.
Abstract: Problem/Objective. Consumer Protection laws in many states require age verification for all mail order sales of tobacco, including internet sales. In Massachusetts age verification " . . . shall consist of, at a minimum, ensuring that the person to whom the product is being sent supplies a legible photocopy of a valid government issued identification . . ." 940 CMR 21.04(4)(a). The Massachusetts Association of Health Boards in collaboration with the Massachusetts Tobacco Control Program sought to determine whether minors were able to purchase tobacco from the internet and, if so at what rate, and whether internet vendors were complying with the age verification regulation and, if so, at what rate.
Methods. Three underage high school students attempted to purchase tobacco on the internet. The actual number of hits was 35. Certain sites were hit more than once.
Results. They were able to purchase and receive tobacco from 26 out of 27 websites, for a noncompliance rate of 98.9%. Of these purchases, one vendor required an adult signature upon delivery. If this sale is considered a "no sale" because an adult signature was required, the noncompliance rate is 92.6%. 1 site actually required age verification as required by Massachusetts's law.
Discussion. When a website would not sell the first time it was hit, the reason sited was fear of credit card fraud, not inability to verify age. The vast majority of website had virtually no age verification procedures. Internet sales of tobacco present serious enforcement challenges.
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