In the matter of Wal-Mart Stores, Inc.

ASSURANCE OF VOLUNTARY COMPLIANCE

IV. Employee-Assisted Sales

Wal-Mart shall, within six (6) months after the Effective Date, display and store tobacco products and paraphernalia that are used exclusively in connection with the use of tobacco products either (1) in a format that requires an employee’s assistance in retrieving the tobacco product or paraphernalia from a restricted-access location, or (2), if otherwise legal, in another manner using devices, methods, or procedures (or combination of devices, methods, and procedures) that shall provide assurance greater than or equal to the assurance provided by clause (1) above that an underage person shall not be able to obtain physical possession of any tobacco product or paraphernalia. In the event that Wal-Mart assigns responsibility for retrieving tobacco products or paraphernalia from the restricted-access location to a single position, then an underage person shall not be used in such position; otherwise, Wal-Mart shall attempt to minimize the use of underage persons as the employees who provide the assistance described in clause (1) above and Wal-Mart shall closely supervise any such persons. If Wal-Mart proceeds under clause (2) above it shall provide written notice within fifteen (15) business days thereafter that it has done so to the Attorney General in each directly affected State, accompanied by a description of the different devices, methods, or procedures (or combination thereof) employed and a statement of the basis upon which Wal-Mart believes that such different devices, methods or procedures provide the assurance required by clause (2). Wal-Mart agrees that, in any action brought by an Attorney General challenging the adequacy of the assurance provided by the devices, methods, or procedures implemented by Wal-Mart pursuant to clause (2) above, Wal-Mart shall not assert in defense of such challenge the fact that, during the period prior to the date sixty (60) days after the date that it provided the required notice, Wal-Mart had already incurred, or become legally obligated to incur, costs in connection with the adoption of those devices, methods, or procedures. Wal-Mart further agrees that, in any such action brought by an Attorney General prior to the date sixty (60) days after the date that Wal-Mart provided the required notice, Wal-Mart shall not assert in defense of such challenge the fact that Wal-Mart would have to incur costs or disrupt operations to restore the devices, methods, or procedures that were used immediately prior to the devices, methods, or procedures the adequacy of which the Attorney General’s action challenges. Wal-Mart hereby represents that it presently displays and stores tobacco products and such paraphernalia in the format described in clause (1) above in over 85% of its stores.

B. No vending machine shall be used to sell tobacco products or paraphernalia that are used exclusively in connection with the use of tobacco products unless the use of such vending machine is otherwise legal and a device, method, or procedure (or combination of devices, methods, and procedures) is used that provides assurance that an underage person shall not be able to obtain physical possession of any tobacco product or paraphernalia sold by such vending machine greater than or equal to the assurance provided by the format or manner described in Section IV.A.1 above. Wal-Mart’s current policy is to not use vending machines to sell tobacco products or paraphernalia that are used exclusively in connection with the use of tobacco products. If Wal-Mart changes this policy, Wal-Mart shall, within fifteen (15) business days after it first uses such a vending machine, provide written notice that it has done so to the Attorney General in each directly affected State, accompanied by a description of the vending machine employed and a statement of the basis upon which Wal-Mart believes that the devices, methods, or procedures that Wal-Mart uses or intends to use provide the assurance required by the first sentence of this Section IV.B. Wal-Mart agrees that, in any action brought by an Attorney General challenging the adequacy of the assurance provided by the device, method, or procedure implemented by Wal-Mart pursuant to the first sentence of this Section IV.B, Wal-Mart shall not assert in defense of such challenge the fact that, during the period prior to the date sixty (60) days after the date it provided the required notice, Wal-Mart had already incurred, or become legally obligated to incur, costs in connection with the adoption of that device, method, or procedure. Wal-Mart further agrees that, in any such action brought by an Attorney General prior to the date sixty (60) days after the date that Wal-Mart provided the required notice, Wal-Mart shall not assert in defense of such challenge the fact that Wal-Mart would have to incur costs or disrupt operations to restore the devices, methods, or procedures that were used immediately prior to the devices, methods, or procedures the adequacy of which the Attorney General’s action challenges.
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