What are my legal rights?
My son and i (ages 22 and 47) where standing in line at Walmart, as the casher rang my order up i asked for a pack of cigarettes to which the casher replied "NO". I asked why she then replied "i"m not losing my job over this". I asked what she was talking about she then replied "what ever give me your ID". I said i will have to goto my car and get it she then replied "NO It doesn't matter because in not selling them to you anyway I'm not losing my job over this". Tired of arguing with her i paid my bill and waited for my son who was in line behind me. (My son suffers from severe social anxiety and panic attacks.) So after she rang my son up he asked for a pack of cigarettes and presented his ID. The Casher began to get loud and cause a big scene & making everyone look by shouting "NO I don't care i'm definitely not selling them to you". My son then asked for the manager who came over and without even hearing the problem replied Its policy & walked away. After leaving the store i called corporate who told me that was not definitely policy & someone should be contacting me soon this was around 30 days ago. Now my son refuses to even go back in to another Walmart now in fear of another incident like this.
1 Answer from Attorneys
The law (FDA regulations) requires that retailers check for ID before selling tobacco products to people who appear to be under 27. If a 20-something or youthful looking 30-something or 40-something old asks for tobacco, a retailer can lawfully ask for ID and in fact may be required to do so.
Beyond that, retailers can set their own policies and training for employees. If employees could use better customer service training that may be something to suggest to the retailer.
The above general information is not intended as legal advice or a review of the specifics of the poster's exact situation.