A kiosk owner in Augustenborg, Als, has been fined 25,000 kroner after selling nicotine pouches to a minor who was acting as a mystery shopper for the Danish Safety Technology Authority (Sikkerhedsstyrelsen). The ruling was delivered by the Court in Sønderborg on Thursday.

The kiosk’s lawyer, Allan Nejbjerg, immediately appealed the decision to the High Court of Western Denmark (Vestre Landsret), arguing that the authorities’ use of agents is against fundamental legal principles. A similar case from Odense will also be reviewed by the High Court of Eastern Denmark (Østre Landsret).

According to the regional media jv.dk, the judgment stated the defendant should have questioned the buyer’s age and acted negligently.

The defendant told jv.dk that the fine represents more than a month’s profit for the kiosk.

Professor emeritus Jørn Vestergaard, among others, has voiced strong criticism of the law permitting the use of mystery shoppers to uncover sales violations to minors, calling it “directly contrary” to customary legal principles. The judge in Sønderborg rejected these objections during the trial.

The law employing mystery shoppers went into effect last summer. Since then, the Danish Safety Technology Authority reports 504 violations have been recorded, with 130 cases resulting in fines, according to dr.dk.