Legal Question in Consumer Law in California

Is there a law in the state of California (specifically in Fremont, Ca/Alameda county) which states that a pack of cigarettes cannot be purchased by someone if someone else has asked for a pack of cigarettes and been denied because they did not have their ID with them?

What happened was that my son and I went to Safeway to shop. While waiting in line I asked my son to go to the front counter and obtain a pack of cigarettes. I did this because usually you have to ask for the cigarettes while checking out which takes time and the store was busy, just wanted to speed things up, I did not know that my 20 year old son did not have his ID with him. He asked for the cigarettes and was denied. He did not think anything of it and asked where the lighters were. The person behind the counter asked him who he was with. He pointed to me, he told me. I did not know anything about what was happening. Per the checker that was ringing up my groceries, the person from the front called the checker and told him not to sell me any cigarettes. I proceeded as usual and when the checker finished with my groceries, I asked him for a pack of cigarettes and he told me he could not sell them to me. I thought he was kidding! I asked why he could not sell me the cigarettes. He told me that the person up front had called him on the phone and told him not to sell me any cigarettes because my son had been denied and she knew that he was with me. They said that I was purchasing the cigarettes for him and he had no ID. I told the checker that the cigarettes were for me. He said he could not sell them to me because his supervisor had told him not to. I asked to speak with the manager and eventually I was sold a pack of cigarettes. I felt very embarrassed with the exchange in the store. I stopped by to speak with the manager who allowed me to buy the cigarettes, but he was busy checking out people and I didn't want to take any more of his time. I then stopped by the front counter where there was a young woman standing holding open the office door and asked her about the incident thinking that she was the person that denied my son, she said she was not the person who had spoken to my son so I asked to speak to the woman who had. I looked into the office and saw no one.

She was hiding behind the door. With this I just left because I found the whole thing silly

The only law I could find was that unless someone appears to be over the age of 27 they need to be carded. I totally agree with this law. I told the checker that my son was 20 and I was 56. I realize that they had no way of knowing he was my son or his age because he had no ID. Is it true that they can refuse to sell me cigarettes?

2 Answers from Attorneys

Related Questions & Answers

More Consumer Law questions and answers in California

Looking for something else?