Denmark’s Supreme Court has upheld the Danish Safety Technology Authority’s use of underage test purchasers, rejecting a kiosk owner’s challenge to a 25,000 kroner fine.
The decision reached Morten Dreier’s kiosk in Augustenborg on Als shortly after noon on Friday. DR reports that Dreier received the ruling in the shop and described the outcome as a disappointment. He had brought the case against Sikkerhedsstyrelsen, the Danish Safety Technology Authority.
Dreier was fined 25,000 kroner in 2024 for selling nicotine pouches to one of the authority’s underage test purchasers. He argued that the practice conflicts with the Danish Administration of Justice Act, Retsplejeloven, and with the European Convention on Human Rights. Lower courts had already rejected that argument.
According to DR, the case was first dismissed at the District Court in Sønderborg and then at the Western High Court, Vestre Landsret. A majority of the judges at the Supreme Court then confirmed the authority’s right to use minors as controlled buyers. Dreier told DR he had hoped for a different result, but had largely expected it.
The dispute began with a single sale in 2024, when a minor working for the authority bought nicotine pouches in the kiosk. The fine followed, and Dreier chose to take the matter to court. The case has now been heard at three levels of the Danish judiciary.
A single dissenting judge
One of the five Supreme Court judges voted to acquit Dreier. Per DR’s reporting, that dissent gives him some hope that parts of the judiciary can see the case from his side. The majority ruling stands as the final word within the Danish court system.
Much of the defense centered on Article 6 of the European Convention on Human Rights. Dreier and his lawyer argued that sending minors into shops as test buyers breaches that provision. The Supreme Court majority did not accept the argument.
Next steps
With Friday’s judgment delivered, there are no remaining options for appeal in Denmark. As reported by DR, Dreier’s lawyer has mentioned the European Court of Human Rights as one possibility. Dreier said it is too early to say whether they will try to bring the case there.
He told DR that he would take the rest of the day first, and then look at the options in the near future. The authority’s use of underage test purchasers remains in place following the ruling.
The Safety Technology Authority carries out test purchases to check whether retailers comply with age limits on nicotine products. Dreier’s fine was issued after such a purchase in his kiosk in 2024. The Supreme Court’s decision covers the legality of that method.
