Morten received a large fine for selling nicotine to a minor. Now he wants the case to go to the Supreme Court.

Morten Faces Large Fine for Selling Nicotine Products to a Minor. Now He Wants the Case to Go to the Supreme Court

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Indland (https://www.dr.dk/nyheder/indland)

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Branch Association believes there is a question of principle at stake.

The fine for store owner Morten Dreier amounts to 25,000 kroner, as the case took place in 2024. On January 1st of this year, the fine for illegal sales to minors, regardless of whether it is alcohol or nicotine, increased to 50,000 kroner. (Photo: © Private) At 20:50

Morten Dreier, store owner from Augustenborg, is in the midst of a controversial case that first went through the district court, then the appeals court, and which he now wants to take to the Supreme Court.

He was sentenced to a fine of 25,000 kroner for selling nicotine products to a minor under the age of 16.

Earlier this year, the district court ruled against Morten Dreier, and yesterday the appeals court upheld the decision that Morten Dreier must pay the fine.

The minor was sent by the Danish Safety Authority to test whether stores comply with rules regarding ID checks.

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> Of course, one should not sell to openly minor children. But when the rule says that one should ask when one is in doubt, I think it is a very large penalty

> Morten Dreier, store owner

According to Morten Dreier, the fine means that he cannot pay his own salary for half a month.

The case began in the summer of 2024 in Augustenborg, where Morten Dreier is a store owner and himself handles customer service. Here, he was approached by a minor underage control shopper who managed to buy nicotine products without showing ID.

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'I am not in doubt about the age'

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Morten Dreier acknowledges that the rules are in place to protect young people, but he finds the sentence too harsh.

He did not ask for ID because he was sure that the customer was old enough.

- Of course, one should not sell to openly minor children. But when the rule says that one should ask when one is in doubt, I think it is a very large penalty, he says.

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> We have already seen that young employees in stores quit because they are afraid of being exposed to a control shopper

> Jesper Lundberg, chairman of the Danish Convenience Store Association

The Danish Safety Authority often uses minors as control shoppers throughout the country to emphasize the importance of stores complying with ID rules.

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2,100 control visits

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The order came into effect on July 1, 2024, and by August of this year, the Danish Safety Authority had carried out approximately 2,100 control visits in stores such as supermarkets, kiosks, and general stores. The authority has found violations in 34% of the controls.

Source: Danish Safety Authority

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Branch Association Supports

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Morten Dreier now, in cooperation with the Danish Convenience Store Association, plans to take the case to the Supreme Court.

According to Jesper Lundberg, who is chairman of the Danish Convenience Store Association, it is necessary to continue with the case, as the methods used by the Danish Safety Authority have consequences throughout the stores, he says.

- We have already seen that young employees in stores quit because they are afraid of being exposed to a control shopper. And we see owners and employees going to work with a bad feeling in their stomach, he says.

The chairman criticizes the very method used.

- They set up some situations that would not have occurred in reality. The control shopper would not have bought nicotine or alcohol if they were not on duty, he says.

And exactly that is what Morten Dreier also experiences. He believes that too much responsibility is placed on the stores.

- I hope that the case can create debate among lawmakers and the industry. I still think that the situation is set up under unreasonable conditions, he says.

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> This is the first case of its kind, and we have therefore a clear expectation that we will be allowed to bring it to the Supreme Court

> Jesper Lundberg, chairman of the Danish Convenience Store Association

To take a case to the Supreme Court, it requires that it is a matter of principle.

And that is what Jesper Lundberg believes it is.

- This is the first case of its kind, and we have therefore a clear expectation that we will be allowed to bring it to the Supreme Court, he says.

DR has tried to get a comment from the Danish Safety Authority, which instead refers to the Minister of the Interior and Health, Sophie Løhde (V).

In a response, the minister writes that she can understand it being uncomfortable for store employees to be visited by control shoppers from the Danish Safety Authority.

She also writes:

- When it has been necessary to tighten the rules in this area, it is because it has been too easy for minors to buy age-restricted products in stores for more than 20 years. This has also been almost impossible for authorities to control the illegal sale.

The Danish Safety Authority's ability to control stores through control shoppers is a trial order, which is currently running until the next summer.

According to the minister, it is hoped that the order will make it harder for minors to buy nicotine products and alcohol in stores.

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