(Supreme) Court to hear Web cigarette sales fight

[Eugene]

Source: Associated Press

Last updated June 25, 2007 9:12 a.m. PT

Court to hear Web cigarette sales fight

THE ASSOCIATED PRESS

WASHINGTON -- The Supreme Court on Monday agreed to
consider reinstating Maine's law aimed at regulating Internet
sales of cigarettes to keep them out of the hands of minors.

Trade associations for delivery companies successfully argued
in an appeals court that a federal statute supporting the free
flow of interstate commerce pre-empted the Maine law.

The Maine attorney general, who asked the Supeme Court to
hear the case, argues that states should be allowed to exercise
their historic public health police powers to stop delivery of
tobacco to children.

To comply with the state law, carriers must specially inspect
every package containing tobacco and destined for delivery in
Maine.

-snip-

Read more: http://seattlepi.nwsource.com/national/1154AP_Scotus_Maine_Cigarettes.html

[n2doc]

1. Does anyone know what Bushco wants on this one?

'Cause that's what we are gonna get....

[Dragonbreathp9d]

2. I hope this doesnt go through

That would mean that I probably would no longer be able to buy fine tobacco from all over either. I regularly order good pipe tobacco from independent stores and good sheesha I cant find anywhere else

[High Plains]

3. I suspect this is not about health, but revenues.

Many states raised tobacco taxes.

Many consumers then went online to buy their smokes, avoiding the punitive taxes.

Now the states are going after the online consumers.

In this case, it looks like Maine is attempting to make online sales too much hassle to be worth it for the companies.

[napi21]

5. I get a bill from the Ga. Revenue Dept.. about 2 weeks after I order my

cigarettes. Ga. DOES get their taxes!

The way all the states have handled this is by requiring the online seller to file a monthly report that shows who and what was sold to people living in their State. The States then have to option of billing the residents for the associated taxes due.

[High Plains]

7. Hmm, my online seller uses my bank account, not my credit card

I wonder if that gets around the revenoors. I think it's the credit card companies, not the tobacco sellers, who are reporting...but I could be wrong.

[napi21]

8. I guess it could be both. I called the one supplier I was using

when I got the first bill from Ga. They told me THEY were required to provide this info by some new Fed. law. I also talked to another supplier who told me that if I used my bank account nobody would ever know. I assume that means they skirt the law and just don't report it.

[napi21]

4. I have no problem with them keeping Cigarettes out of the hands of minors,

but I also don't want them restricting internet sales to adults! I buy my cigarettes via the net BECAUSE I can't drive anymore, and it's the most convenient method for me. I'm 64, and the online seller I deal with insists on the FIRST order be personally delivered to (and signed for) the person who placed the order and they are an adult. Yes, they charge an extra fee for that first shipment, but that's their assurance that the package is being delivered to an adult.

[benld74]

6. Another 5-4 coming

[keithjx]

9. Revenuer FYI

I'm an attorney at the Department of Revenue in Helena, MT, and, just FYI, it has nothing to do with the method of payment. The internet vendors, under state and federal law, have to report sales into the state to the state taxing authority (name, address, brand, and quantity). It's called the Jenkins Act (15 USCA 376),

Feel free to pm w/ questions if you like.
KJ

[Babsbrain]

10. It's About Big Tobacco

The Indians are selling cigarettes online for reduced prices, cutting out the profits for Big Tobacco. It's just like the online gambling thing the Busheviks abolished: it cut into the profits of their mafia buddies.