News Release
1996-01
January 10, 1996
Survey shows 52 per cent of retailers willing to sell cigarettes to minors
OTTAWA - In August 1995, an average of 52 per cent of tobacco retailers were willing to sell cigarettes to youth under 18 years of age, contrary to provisions of federal and provincial tobacco sales-to-minors legislation.
This is one finding of the Measurement of Retailer Compliance With Respect to Tobacco Sales-to-Minors Legislation and Restrictions on Tobacco Advertising. Research teams of one minor and one adult observer visited 5,000 tobacco retailers in 25 cities in all 10 provinces to conduct this survey.
Retailer compliance varied greatly across Canada. Compliance was over 90 per cent in six cities: Campbell River/Courtney, B.C.; Charlottetown; Fredericton; Sydney, N.S.; Medicine Hat, Alta.; and Saint John, N.B. However, the compliance rate was below the national average (48 per cent) in nine cities: Bathurst, N.B.; Quebec City, Chicoutimi/Jonquière, Que.; Swift Current, Sask.; Montreal, Sherbrooke, Que.; St. John's, Nfld.; Ottawa; and Calgary.
The survey also shows that retailers were likely to sell cigarettes to 16- and 17-year- olds -- 61 per cent and 64 per cent respectively. Comparatively, 32 per cent were willing to sell cigarettes to 15-year-olds.
Gender was a significant factor with 65 per cent of retailers willing to sell cigarettes to underage girls and 43 per cent willing to sell to underage boys.
The age of the store clerk also affected compliance. 63 per cent of teenage clerks were willing to sell cigarettes to minors.
Health Canada has stressed that it is a crime to sell tobacco products to minors and has urged retailers to fulfil their responsibilities under the law by asking for proof of age and refusing to sell to underage customers. These responsibilities have been made clear to retailers as part of the information component of the comprehensive enforcement strategy currently being implemented by the department. A more aggressive aspect of the strategy, compliance checks involving young shoppers, has been introduced since the time of the survey and is proving to be an effective deterrent. The department pointed out that enforcement does not stop at compliance checks; retailers violating the law have been, and will continue to be, prosecuted.
Health Canada is encouraging provinces which have signed cooperative agreements with the department to also pursue an aggressive approach with non-compliant retailers.
The results of the survey illustrate the need for the additional measures which aim to limit youth's access to tobacco products such as those outlined in the government's Tobacco Control Blueprint.
This retailer survey, the first of two, was conducted in August and September 1995. Data from the next one, planned for August 1996, will provide a basis for comparison and evaluation of enforcement approaches. - 30 - Attachment: Executive Summary of the Report of Findings: Measurement of Retailer Compliance With Respect to Tobacco Sales-to-Minors Legislation and Restrictions on Tobacco Advertising.
Copies of the complete report can be obtained by calling the Office of Tobacco Control at (613) 941-3723.
For information:
Sylvie Patry
Health Canada
(613) 957-2988
Executive Summary
Measurement Of Retailer Compliance, With Respect To Tobacco Sales-To-Minors Legislation & Restrictions On Tobacco Advertising
Prepared For:
Health Canada,
Office Of Tobacco Control
Wave 1 Results
December 1995
A.C. Nielsen, Division of the D&B Companies of Canada, Ltd.
Executive Summary
Background
In four weeks between August 14 and September 11, 1995, A.C. Nielsen conducted the first of two studies designed to measure retailer compliance with Canadian tobacco sales to minors legislation, including the Tobacco Sales To Young Persons Act (TSYPA) and corresponding provincial legislation and the Tobacco Products Control Act (TPCA).
Several Nielsen research teams, each consisting of one underaged minor and one adult observer, visited a total of 5036 establishments in twenty-five cities across the ten Canadian provinces. Minors attempted to purchase a packet of cigarettes but refused the transaction when retailers were willing to sell. They carried no identification and made no effort to disguise their appearance. However, if retailers asked, minors were instructed to lie about their age. Adult observers monitored the posting of signs under both the TPCA and sales-to-minors legislation. Team members operated independently of each other and unknown to the retailer. Retailers in five classes of trade were sampled: grocery supermarkets, convenience chains, small independent grocery/variety stores, drug stores and gas convenience/service stations.
Main Findings
1. Tobacco Sales-To-Minors Legislation
Compliance With Provisions Prohibiting Tobacco Sales To Minors
Retailer compliance with federal and provincial legislation prohibiting the sale of tobacco products to underaged Canadians measured 47.9%, nationally. The percentage of retailers asking youth for proof of age was 44.7%.
When analyzed further, retailer compliance was found to correlate strongly with the predisposition of retailers to ask young people for identification, and to vary markedly by age of minor, gender of minor and age of clerk:
- fifteen year olds were almost twice as likely as 16 and 17 year olds to be refused a sale (68.1% of retailers refused a sale to 15 year olds compared with 38.9% and 36.4% to 16 and 17 year olds, respectively).
- boys were 63% more likely than girls to be refused a sale (56.6% compliance among retailers when boys tried to buy compared with 34.8% compliance when girls tried to buy).
- compliance levels dropped below the national average, to 37.2%, when retail clerks were youngest --- similar in age to teens attempting to purchase cigarettes.
- Several other variables we looked at were found to make no appreciable difference to retailer rates of compliance. These included the gender of clerks and the time of store visits.
- Compliance levels across classes of trade also held fairly constant:
- well over half of all retailers in four of five classes of trade refused to sell cigarettes to minors. Only retailers in small independently-owned grocery/variety stores showed less than a 50% compliance rate.
By region, retailer compliance was found to vary greatly, influenced by variables such as age and gender of minor and age of clerk. As at the national level, these factors exerted their influence on the willingness of retailers to ask for identification and their likelihood of refusing a sale when none was produced. However, such variables do not fully explain the sharp differences in rates of compliance demonstrated by retailers across regions nor the consistently different ratings that certain regions report even when factors of age and gender are controlled for.
Keeping all this in mind, key regional observations are these:
Sales to Minors -
Compliance Rate Summary
National - All Stores (Weighted)
Region % retailers % retailers % who unwilling to sell willing to sell asked for (compliant) (non-compliant) ID
National 47.9 52.1 44.7
St. John's, NF 33.2 66.8 33.0 Charlottetown, PEI 90.4 9.6 82.6
New Brunswick 88.8 11.2 88.8
Fredericton 99.9 0.1 99.9 Saint John 94.2 5.8 94.2 Bathurst 8.3 91.7 8.3
Nova Scotia 75.5 24.5 74.0
Truro/New Glasgow 50.5 49.5 53.8 Sydney 96.8 3.2 91.2
Quebec 23.9 76.1 23.8
Montreal 27.7 72.3 27.5 Quebec City 9.1 90.9 9.7 Sherbrooke 32.7 67.3 35.3 Chic./Jonq. 16.0 84.0 15.1
Ontario 62.2 37.8 54.0
Ottawa 40.1 59.9 42.6 Toronto 68.6 31.4 56.7 Windsor 63.1 36.9 58.9 Sudbury 74.2 25.8 77.4
Manitoba 56.5 43.5 51.5
Brandon 61.0 39.0 69.9 Winnipeg 56.4 43.6 51.3
Sask. 30.1 69.9 32.8
Swift Current 18.8 81.2 23.0 North Battleford 63.7 36.3 61.9
Alberta 60.1 39.9 59.8
Calgary 42.1 57.9 41.4 Edmonton 75.4 24.6 75.4 Medicine Hat 95.6 4.4 84.2
British Columbia 69.2 30.8 65.4
Vancouver 69.1 30.9 66.6 Kelowna 53.2 46.8 53.2 Campbell River/ Courtnay 100.0 0.0 6.0
2. Tobacco Sales-To-Minors Legislation
Compliance With Posting Of Tobacco Age/Health Advisory Signs
The percentage of retailers across the country complying with the key, mandatory conditions regarding the posting in their stores of tobacco age and health advisory signs was 42.1%. One must keep in mind that this national figure cuts across six different laws and numerous combinations respecting the number of signs, their language and their location.
At a provincial level, the following was found to be true:
- at a minimum, the large majority of retailers in the great majority of cities had at least one age restriction sign posted on their premises.
- compliance levels tended to be higher in cities or provinces with fewer mandatory sign requirements. Highest levels of compliance were in:
- Charlottetown 90.7%
- Saskatchewan 73.0%
- Manitoba 70.5%
- British Columbia 56.5%
- Quebec 50.6%
- all areas where retailers are required to satisfy no more than two mandatory conditions.
- ery low rates of compliance were in:
- Ontario 22.9%
- New Brunswick 37.3%
- both provinces have laws requiring retailers to post at least three separate, mandatory signs. In these provinces, retailers tended to post two of three signs, but not all three signs to the same degree.
3. TPCA - Compliance With Respect To Posting Of Tobacco Advertising Signs
Prior to the Supreme Court ruling striking down the main sections of the TPCA, retailer compliance with the two aspects of the law that were part of the survey was high:
- 89.9% of Canadian retailers were found to be in compliance with the maximum number of signs allowed under the law and were found to be respecting the law s provisions related to the wording of signs and restrictions on the use of tobacco trademarks.
- Only a handful of retailers, 1.6%, failed to respect these provisions of the TPCA at all
- Compliance remained high across trade classes and across cities in Canada, with very few exceptions.
|
