In the recent election, Missouri voters narrowly defeated (by a margin of 50.8% to 49.2%) a ballot initiative that would have raised state excise taxes on all tobacco products, would have regulated cigarette rolling machines and would have increased the amount of money that nonparticipating manufacturers are required to place into escrow accounts.
State Regulatory
Massachusetts Bill Would Ban Tobacco Products
Posted in Legislation, State Regulatory
The Massachusetts legislature is considering a bill (House Bill 1512) that would ban all tobacco products in the state.
Manufacturers and Retailers Challenge Haverstraw, New York’s Ordinance Banning Displays of Tobacco Products and Pricing Information in Retail Outlets
Posted in Significant Cases, State Regulatory
On June 26, 2012, the New York Association of Convenience Stores and major tobacco manufacturers, including Phillip Morris, R.J. Reynolds and Lorillard, filed suit against the Village of Haverstraw, New York in federal district court regarding the Village’s recent ordinance banning the display of tobacco products and pricing information in retail outlets.
Dispute Regarding New York Tribal Sales Heats Up
Posted in Significant Cases, State Regulatory
The State of New York is appealing a court order requiring it to return native-made cigarettes seized by the State. In the meantime, the State has declined to return the cigarettes that are the subject of the order.
Vermont Legislation Attempting to Ban Internet Shipments of E-Cigarettes Fails But Other Restrictions Pass
Posted in Legislation, State Regulatory
For some time, Vermont law has prohibited anyone, other than licensed dealers, distributors, and retailers from purchasing cigarettes, roll-your-own tobacco, little cigars, and snuff through the mail or other electronic networks, such as the Internet or by telephone.
NAAG Scrutinizes Tribal Sales
Posted in State Regulatory
An article from the National Association of Attorneys General (NAAG) Tobacco Project, entitled Regulating Tribal Cigarette Sales Under the Master Settlement Agreement, evidences NAAG’s recent focus on collecting escrow payments for tribal cigarette sales.
Proliferation of Remote Sales from Abroad — An Unintended Consequence of the PACT Act?
Posted in Legislation, State Regulatory
The 2010 Prevent All Cigarette Trafficking (PACT) Act imposes a functional ban on remote sales of cigarettes. U.S. Mail cigarette deliveries are now prohibited.
Florida Non-Settling Manufacturer Tax Introduced
Posted in State Regulatory
A bill has been introduced in the Florida legislature that would impose a 52 cent per-pack tax on cigarettes manufactured by companies that have not settled tort claims with the state.
Allocable Share Legislation Introduced in Missouri
Posted in Legislation, State Regulatory
Missouri, the last remaining state in which nonparticipating manufacturers can obtain allocable share releases from their escrow payments, has again introduced legislation to repeal the release mechanism. The bill, Senate Bill 629, was introduced on January 9th.
Boston Public Health Commission Approves E-Cigarette Restrictions
Posted in State Regulatory
Following a period of public comment, earlier this month the Boston Public Health Commission approved rules that immediately treat electronic cigarettes as tobacco products.