laws u.s

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  • eldiablo32589
    New Member
    • Oct 2009
    • 1

    laws u.s

    September 25, 2009 - The International Trade Commission has ordered U.S. customs officials to bar imports of import of counterfeit cigarettes bearing the trademarks of Philip Morris USA, the nation's No. 1 tobacco company said Thursday, September 24th.

    Philip Morris, owned by Richmond, Va.-based Altria Group Inc., said in a statement that the order will help stop Internet-based vendors from illegally importing cigarettes made abroad without trademark owners' permission and selling them in the United States. The company estimates more than 800 million cigarettes were sold to U.S. consumers by Internet sellers in 2008.

    In March 2008, Philip Morris USA filed a complaint with the commission as part of an effort to end the trade of counterfeit, stolen and untaxed or under-taxed cigarettes. The company said Internet-based cigarette vendors are violating U.S. intellectual property laws and the Lanham Act.(Philip Morris USA Takes Action Against Internet-Based Cigarette Vendors)

    The federal government and many states have raised cigarette taxes in recent years, driving up their overall cost to consumers. So-called gray-market vendors typically import counterfeit cigarettes and smokes intended for foreign markets and sell them to consumers more cheaply than legitimate products in part because they're untaxed.

    Passage of the bill "Prevent All Cigarette Trafficking Act (the PACT Act) of 2009," would clamp down on illegal tobacco sales. This bill was passed 397-11 by the U.S. House of Representatives (HR1676) on Thursday, 5/21/2009 and the companion bill (S1147) sponsored by of Senator Herb Kohl has been referred to the Judicial Commitee in the Senate. This legislation is extremely important, it will effectively end Internet and telephone tobacco smuggling by stopping shipments of cigarettes and smokeless tobacco through the U.S. Postal Service. FedEx, UPS, and DHL have already agreed not to mail tobacco. (Let's Get It Passed - Prevent All Tobacco Trafficking Act of 2009..)

    Gray market cigarettes are made with different materials and under different quality-control procedures than cigarettes sold in the U.S. and may not display the required health warnings, Philip Morris said in the complaint. Consumers also may be "disappointed and/or confused" by the differences between the gray market cigarettes and those Philip Morris sells in the U.S., it said.

    Reference: International Trade Commission Blocks Illegal Internet Cigarette Sales Philip Morris USA prevails against overseas Internet cigarette sellers, Philip Morris USA, Business Wire, 9/24/2009.



    WHAT THE ****? am i not gonna be allowed to order anymore and why is phillipmorris doing this i live right outside richmond va and one of the reasons i have to order it online is beacuse i cant get it here because one one carries it. plus sweedish match and PMint are joining so why is PM trying to keep them from selling their product here in the us
  • RRK
    Member
    • Sep 2009
    • 926

    #2
    This has already been discussed a lot. Here are a few quotes from another site.

    Here's what I found out from UPS. Read it for yourselves, mystery solved, lol. They've decided not to deliver cigarettes. Other tobacco products are fine as long as the delivery seller has a contract with UPS.



    Dear Rick,

    Thank you for your question about shipping tobacco products. UPS appreciates the business of all its customers, and makes every prudent effort to provide for their needs. The following are specific limitations for the shipment of tobacco products within the UPS system:

    - Shipments of tobacco products will only be accepted from licensed dealers or distributors.

    - Shipments of tobacco products from consumers are prohibited.

    - Shipping of tobacco products from licensed dealers and distributors to consumers will be a contract only service.

    - Shipments between licensed dealers or distributors will not require a contract.

    - Shipments of tobacco products cannot be shipped using One Time Pickup or On Call Pickups.


    As a result of these changes, tobacco products can not be shipped from any UPS retail shipping outlet. The UPS retail shipping outlets are: locations of The UPS Store or Mail Boxes Etc., Customer Centers, Authorized Shipping Outlets (ASOs), Alliance partners (Staples and Office Depot locations), and Commercial Counters. The only exception is for The UPS Store or Mail Boxes Etc. locations where a sales representative or employee of a tobacco company is returning a tobacco shipment back to the company and utilizes any UPS Return Service.

    Our tobacco policy also includes changes due to the changes in state regulations restricting the sale and/or transportation of cigarettes. During this time, we’ve made extensive efforts to comply with all the different regulations, but have come to a point where this is no longer feasible given the size and scope of our global operations. UPS made the business decision to discontinue delivery of cigarettes direct to consumers in order to establish a consistent policy that will work best within this patchwork of differing state requirements on shippers, carriers and recipients.

    For additional information regarding the shipment of tobacco products, please visit the following link:

    www.ups.com/tobacco


    Please contact us if you need any additional assistance.
    If the PACT Act were to pass, online sales of snus would be impacted, but not prohibited.

    In summary, the PACT Act requires that companies that engage in direct to consumer sales: (a) age verify consumers both at the time the consumer places an order and also arrange for a private carrier to age verify on delivery; (b) register with the States; (c) provide to the States reports that list consumers to whom they have sold cigarettes or smokeless tobacco products; and (d) collect and remit State excise taxes.

    While we are voicing our concern over the legislation we are also preparing to work within the system that the Congress sets up to ensure that you still will be able to buy a full range of products.

    BR/
    Markus and Joakim
    Swedish Match AB @ SnusCENTRAL.org
    Joakim

    Manufacturer

    Comment

    • sagedil
      Member
      • Nov 2007
      • 7077

      #3
      Welcome to Snuson eldiablo32589

      As already mentioned, this has been covered to death here and isn't talked about much these days.

      Given how much time is left, and all the attention on the health bill, I am not expecting the Senate to take it up this session. So maybe we will have to deal with again next year.

      Regardless, Swedish Match is well aware, and watching carefully. I expect if our worst fears do come true that you will see a much larger amount of snus available locally in the future. Our market is a huge part of Swedish Match's increased income this past year, representing something like 24% of it.

      Trust me,. they will figure out how to get us our snus. We have become too important to them.

      Originally posted by Markus and Joakim
      Hi,

      While we are voicing our concern over the legislation we are also preparing to work within the system that the congress sets up to ensure that you still will be able to buy a full range of products.

      Neither PACT nor FDA makes snus illegal.

      All the best,
      J&M

      Comment

      • stubby2
        Member
        • Jun 2009
        • 436

        #4
        And I will sleep good tonight.

        Comment

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