In legal charges involving the sale of tobacco products to minors, the use of “investigating market demand” as a defense is extremely risky and usually difficult to be adopted by the court. The following are the key legal analysis and recommendations： --- ### **1. Legal risk analysis** -**Principle of strict liability**: Tobacco sales regulations in most countries/regions adopt strict liability for the protection of minors, that is, regardless of the motivation, the sale of tobacco to minors constitutes an offense in itself. Defenses usually cannot overturn this fact. -**Lack of legitimacy**: Claiming that ”market research" requires substantial evidence (such as government authorization, academic research filing, etc.), otherwise it may be regarded as an excuse. The court pays more attention to the consequences of behavior than subjective intent. -**Increased risk of punishment**: If the defense is found to be shirking responsibility, more severe penalties (such as increased fines and license revocation) may be incurred. --- ### **2. Possible defense strategies (need to be combined with evidence)** If you stick to this direction, you need to build a complete chain of evidence, but the success rate is extremely low.： -**Prove the nature of legal research**: Provide research plans, ethical review documents, proof of cooperation with compliance agencies, etc. -**No actual sales behavior**: If it is only a false transaction (minors are required to cooperate in testifying), it may still violate inductive legal provisions. -**Procedural compliance**: Prove that all reasonable measures have been taken to verify age (such as requesting an ID), but personal mistakes by employees have led to violations. --- ### **3. More feasible response recommendations** - **Plea negotiation**: Take the initiative to admit the violation, cooperate with the investigation, and strive for mitigating penalties (such as fines instead of criminal charges). -**Rectification measures**: Demonstrate that employee training has been strengthened, age verification systems (such as AI recognition) have been upgraded, and corporate social responsibility has been reflected. -**Public welfare compensation**: Through sponsorship of anti-youth smoking projects, etc., in exchange for judicial or administrative leniency. --- ### **4. Legal bottom line reminder** - **It is forbidden to instigate violations of the law**: Any actual sales behavior in the name of ”investigation" is illegal, and lawyers shall not assist clients in fabricating false reasons. -**Compliance priority**: Real market demand research should be conducted through legal channels (such as adult focus groups, big data analysis). --- It is recommended that customers immediately stop sales involving minors, and consult local lawyers specializing in tobacco regulations or juvenile protection laws to formulate pragmatic response plans. The seriousness of the legal consequences far exceeds the value of any so-called “market research”.