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Attorney
General Gansler Praises Passage of PACT Act
BALTIMORE,
MD ( March 19, 2010) - Attorney General Douglas
F. Gansler today released a statement following Congress’ passage
of the Prevent All Cigarette Trafficking (PACT) Act:
“The PACT Act will enable states to more effectively protect
their citizens from the economic and public health problems associated
with Internet tobacco sales. These sales allow youth easy access
to tobacco and cause states to lose significant revenues through
tax avoidance. The PACT Act will provide needed federal support
for Maryland’s ongoing efforts to halt those seeking to avoid
paying cigarette taxes while at the same time keep cigarettes out
of the hands of our youth. Maryland is one of only a few states
which completely ban Internet sales of cigarettes and we expect
the PACT Act to be extremely important in our efforts to strictly
enforce that law.
“The Attorneys General have supported this legislation
for seven years. The National Association of Attorneys General
(NAAG) recently sent a letter signed by 51 Attorneys General to
all the members of the US House of Representatives Senate strongly
urging their support for bill. The State Attorneys General, working
jointly through NAAG, are acutely aware of the increasing problems
caused by illegal tobacco product sales over the Internet, by mail
order and by other remote purchases. We applaud congressional efforts
to correct these significant problems through comprehensive legislation
look forward to the President’s signature on this important
legislation.”
Of particular importance
to the states are the provisions in the PACT Act that:
- Designate
cigarettes and smokeless tobacco as nonmailable and therefore
undeliverable by the U.S. Postal Service;
- Require Internet
sellers of cigarettes or smokeless tobacco products to
comply with all state laws regarding the collection of
state and local taxes on cigarettes and prohibit distribution of such
products unless all applicable tobacco excise taxes have
been collected and paid;
- Require Internet
sellers of cigarettes or smokeless tobacco products to use
a delivery method that allows for age
verification,
to help prevent easy access by youth to tobacco;
- Grant states authority
to enforce the Jenkins Act in federal court in addition to
the states’ ability
to bring enforcement actions in state court under state law;
- Increase
from a misdemeanor to a felony violations of the Jenkins
Act.
A copy of the letter sent by the Attorneys General can be found
on the NAAG website at:
http://www.naag.org/assets/files/pdf/signons/PACTFinal Final House Letter 031210.pdf
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