Supreme Court backs use of underage test shoppers

Kiosk owner Morten Dreier is considering taking his case to the European Court of Human Rights after Denmark’s Supreme Court upheld the use of underage test shoppers by the Danish Safety Technology Authority, DR reports.

Dreier was fined 25,000 kroner in 2024 for selling nicotine pouches to an underage test buyer from the authority. He and his lawyer argued that the scheme violated Denmark’s Administration of Justice Act and the European Convention on Human Rights.

Their arguments had previously been rejected by the District Court in Sønderborg and the High Court of Western Denmark.

“I had hoped it would go the other way, but I probably saw it coming,” Dreier said after receiving the Supreme Court’s decision at his kiosk in Augustenborg on Als.

The Supreme Court ruling means there are no further avenues of appeal in Denmark. Dreier may nevertheless ask the European Court of Human Rights to examine whether the use of underage test shoppers violates Article 6 of the European Convention on Human Rights.

One of the five Supreme Court judges voted for an acquittal, which Dreier said gave him some hope that others in the justice system might view the case differently.

“My lawyer mentioned it as a possibility, but for now we are taking today as it comes and will look at it in the near future,” he said.

The Danish Safety Technology Authority has been allowed to use test shoppers aged between 15 and 17 to monitor age checks in physical shops since July 1, 2024. The test shoppers only attempt to buy age-restricted goods, while an authority inspector conducts the rest of the inspection.

The pilot scheme was extended on Thursday until June 30, 2028.