Seneca cigarette businesses cannot ship cigarettes through the U.S. Postal Service, according to a federal district court ruling last week. Judge Richard Arcara upheld the mail-order ban contained in the Prevent All Cigarette Trafficking (PACT) Act but temporarily exempted more than 140 Seneca-owned businesses from a provision requiring them to comply with all taxing laws…
PACT Act Confusion
The federal Prevent All Cigarette Trafficking Act (PACT Act) goes into effect today, June 29, 2010. PACT Act is set to regulate the sale of cigarettes, roll-your-own tobacco and smokeless tobacco sold over the Internet or by mail order to consumers. But, one provision of the PACT Act has caused some confusion, according to the…
FDA Issues Draft Guidance on Tobacco Products
As June 22 inches closer, the day the Food and Drug Administration’s Center for Tobacco Products’ new tobacco regulations go into effect, the agency has responded to retailer confusion regarding the ability to sell existing inventory of tobacco products labeled “light” “mild,” etc. On Saturday, June 5, the FDA’s Center for Tobacco Products issued a…
A Rocky Ride for RYO
Proper Handling Quality counts—especially with tobacco, something c-store operators had better keep in mind. Kevin Paige, owner of three Butthead’s Tobacco Emporiums in Danbury, Conn., said he is trying to distance himself from the c-store channel when it comes to tobacco. “Although I operated my own c-stores for over 20 years, I don’t think the…
Breaking Down the PACT Act
Convenience store owners scored a major victory in March when the House and Senate passed the Prevent All Cigarette Trafficking (PACT) Act in a near unanimous vote, which forbids the U.S. Postal Service from delivering cigarettes directly to consumers. At presstime, President Obama was expected to sign the bill into law. The PACT Act aims…
FDA Issues Final Rule On Tobacco
The FDA has released its final rules regarding the sale of tobacco. Retailers will need to be in compliance with these rules by June 22, 2010. Today’s action by FDA restricts the sale, distribution and use of cigarettes and smokeless tobacco, including provisions that: • Prohibits the sale of cigarettes or smokeless tobacco to…
Senate Passage of PACT Act a ‘Major Win’ for Retailers
The March 11 Senate passage of the Prevent All Cigarette Trafficking Act (PACT Act), which addresses the long-standing convenience store industry concern of tax evasion via remote sellers of tobacco products, is a “major win” for retailers, according to NACS Senior Vice President of Government Relations Lyle Beckwith. Authored by Sen. Herb Kohl (D-WI) and…
New Cigarette Rules Proposed Today In New York
This afternoon, the state tax department of New York will issue regulations to collect taxes on cigarettes sold by Indian retailers, The Buffalo News reported. The new plan looks to collect the tax “upstream” rather than from Indian retail shops. Tobacco manufacturers will be required to sell cigarettes only to licensed stamping agents, certifying that…
Arkansas Court Sides With General Tobacco
An Arkansas Court has denied the Arkansas Attorney General’s motion to remove General Tobacco’s cigarette brands from the directory of approved brands to sell in that state and ordered the Arkansas Attorney General to arbitrate the dispute ordered in 2006, holding that General Tobacco’s cigarette brands may continue to be sold lawfully in Arkansas. Since…
Federal Judge Sides With Electronic Cigarettes
A U.S. judge has ruled that the U.S. Food and Drug Administration (FDA) does not have the authority to regulate electronic cigarettes, The Wall Street Journal reported. In a 32-page opinion, U.S. District Judge Richard J. Leon sided with electronic cigarette maker Smoking Everywhere Inc., and found that the FDA did not have the authority…