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In the matter of Wal-Mart Stores, Inc.
ASSURANCE OF VOLUNTARY COMPLIANCE
V. Other Tobacco Policies
A. Written Policies
B. Policies Provided to Attorneys General
C. Contribution
A. Written Policies
Beginning on the
Effective Date, Wal-Mart’s policies relating to the sale of tobacco
products to underage persons shall be in written or electronic form.
Within sixty (60) days after the Effective Date, or upon hiring if that
occurs thereafter, Wal-Mart shall provide to each store employee (1) a
copy in written or electronic form of all of the youth-access policies
with which that employee must comply, and (2) copies in written or
electronic form of all of the youth-access policies with which store
employees in the same store who are supervised (either directly or
through an intermediate supervisor) by that employee must comply.
Except with respect to Wal-Mart’s policy to comply with state laws that
forbid persons younger than a specified age from selling alcohol,
Wal-Mart’s policies intended to prevent sales of tobacco products to
underage persons shall, beginning on the Effective Date, be no less
stringent or comprehensive than policies intended to prevent sales of
alcohol to persons too young to buy alcohol legally. It is understood
that differences in the law may require differences in policy.
Wal-Mart’s policies shall, at minimum, conform to the standards and
practices relating to personnel, support tools, self-monitoring, and
employee-assisted sales set forth in this Assurance and shall also,
beginning on the Effective Date, include the following:
1. A policy that no
underage person is permitted to purchase cigarette papers, pipes, or
other such paraphernalia that are used exclusively in connection with
the use of tobacco products.
2. A policy that
Wal-Mart will give comparable treatment to youth access to tobacco
products as it gives to access to alcohol by persons too young to
purchase alcohol legally in employee training and discipline, except
where differences in the law require differences in policy.
3. A policy against
increasing youth demand for tobacco products through in-store
advertising. In-store advertising shall be located only at the place in
the store at which the particular advertised tobacco products are
displayed or sold, and shall be limited to brand names, logos, other
trademarks, and pricing.
4. A policy against
sales of single cigarettes or other modes of packaging cigarettes in
packs with fewer than twenty (i.e., so-called “kiddie packs”).
5. A policy against distribution of free samples of tobacco products on store property.
6. A policy requiring
age verification (using a method permitted by Section V.A.8 of this
Assurance) in connection with retail tobacco product purchases by
persons who reasonably appear to be under age 27 or such higher age as
Wal-Mart in its sole discretion determines appropriate for its stores.
7. A policy against
the retail sale of non-tobacco products that are intended to look like
tobacco products, such as bubble-gum cigars or candy cigarettes.
8. Unless a more
accurate method of age verification is allowed by law, a policy that
only currently valid photo-identification will be acceptable for
purposes of establishing the legal age to purchase tobacco products at
retail, and that only the following forms of identification shall be
accepted: (a) Driver’s License, (b) State-Issued Identification Card;
(c) U.S. Passport; (d) Military Identification Card; and (e) U.S.
Immigration Card.
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B. Policies provided to Attorneys General
Wal-Mart shall
provide a copy of the youth-access policies with which employees who
directly sell tobacco products to retail customers must comply to a
person or persons designated to receive such policies on behalf of the
Attorneys General within sixty (60) days after the Effective Date, and
thereafter shall provide copies of any material changes or
modifications to such policies to a person or persons designated by the
Attorneys General to receive them within thirty (30) days after such
change or modification.
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C. Contribution
Wal-Mart agrees to pay, no later than October
3, 2003, the sum of $437,500 to the States, made payable to such
accounts and addresses as the Attorneys General may direct. This
payment is made in settlement of the claims of the Attorneys General as
set forth above, except that no part of the payment is made in
settlement of an actual or potential liability for a fine, penalty, or
enhanced damages or is the cost of a tangible or intangible asset or
other future benefit. Such sum is to be divided by the States as they
may agree, and is to be used by the individual States for attorneys
fees or costs of investigation, or it shall be placed in or applied to
consumer education, public protection, or local consumer aid funds,
including for implementation of programs designed to decrease
possession and use of tobacco by underage persons, or for any other
purpose authorized by state law at the sole discretion of each State’s
Attorney General or as otherwise required by law.
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