Clerk Bring Wrong Tobacco Product,refuse To Exchanged

clerk rang $35 of items, i ask for marlboro cig. she said they were out,not true they had soft packs,sold be marlboro blend,before i even left the cashier area,i told her to bring the soft pack marlboro.She than stated state law that she can't exchanged tobacco products,my point is the box was never received in my possession ,they were still sitting on her checkout stand,state policy does not dictate any law, refund policy in calif must be posted,and having any policy on a receipt does not exempt consumers in california from receiving a exchanged or refund.Her name is Tina,store number 14170.taking advantage of senior with bad eyes is not very customer service friendly.She made the mistake,why should i pay for her mistake and rudeness.