Attorney General Wants To Stop Online Cigarette Sales To Minors

The attorney general has been targeting online social networks for years, calling for protection of underage members.

[Melissa]

Why are these sites allowed to continue to sell them? It's not the Postal Service's fault. These web sites should be shut down or required to have some proof of age verification.

[think]

i agree melissa!!!

[Suzanne]

I can understand the age ID but, as far as ordering online for items even cigarettes, the State needs to BUTT out of people's money! What? We don't pay enough taxes in CT that now they want to monitor what we buy online and make sure we're paying out HIGH TAX for it? God forbid if there's a wil there's a way! Politicians try and top us from doing anything even if it is legal! They want their share, their cut with our money! I'm sick, sick of it! They'd better watch themselves.

[Suzanne]

I can understand the age ID but, as far as ordering online for items even cigarettes, the State needs to BUTT out of people's money! What? We don't pay enough taxes in CT that now they want to monitor what we buy online and make sure we're paying out HIGH TAX for it? God forbid if there's a wil there's a way! Politicians try and stop us from doing anything even if it is legal! They want their share, their cut with our money! I'm sick, sick of it! They'd better watch themselves.

[cigs for all]

This is about people eluding the taxes in Connecticut. The AG doesn't give a rats butt about underage kids. He wants to make sure CT gets their freakin taxes. What's next? Just wait until every purchase on ebay is taxed. Then those who think this is a good idea might think twice.

[pissed in usa]

do somthing better with your time..

[cigs for all]

oh and just one more point to ponder. Under age kids can walk into a great many stores here in CT and buy them. Why in the hell would they search online for the best buy, get someones credit card (more than likely steal it from a parent), then place their order and patiently wait for the cigs to arrive via snail mail????? Does that sound like something a kid would logically think to do for a freakin smoke??? No, they would probably rob their parents change jar and walk their behinds to the nearest corner store and buy them their. AG do you think we're that dumb???? Cigs may have killed some of me but not the part that can think...

[Tom]

OH MY GOD !!!!!!!

The Attorney General wants to do something about cigarette sales to minors !!!!!!

Christ! I smoke cigarettes when I was 14, I'm sure others have too.

Sure, kids shouldn't smoke, but maybe the Attorney General should put his efforts in the issue of serious crime.

[P Soto]

Who does Richard Blumenthal believes he is, the real issue is that, they are CT is loosing millions in revenue, it is not really about the children, now I don't think somking is good for you, however i just can't stand Blumenthal thinking he can control the word with his lawsuit, he thinks that it is a right to collect taxes on cigaretts no matter where and how they sell them, maybe if they lower the tax in the state, perhaps Blumenthal (einstein) can figure it would not loose millions.

[JBlum]

Suzanne wrote:

I can understand the age ID but, as far as ordering online for items even cigarettes, the State needs to BUTT out of people's money! What? We don't pay enough taxes in CT that now they want to monitor what we buy online and make sure we're paying out HIGH TAX for it? God forbid if there's a wil there's a way! Politicians try and top us from doing anything even if it is legal! They want their share, their cut with our money! I'm sick, sick of it! They'd better watch themselves.

If your sick of it maybe you should quit smoking.

[JBlum]

Since the postal service is the ONLY one that delivers the smokes, it is a relatively simple problem to solve. Prohibit the postal service from delivering the smokes. Period. End of story. Problem solved.

[JDG]

The Post Office has no reason to NOT deliver a legal product, and as long as it is not corrosive or explosive...they will continue....I make my own smokes...got everything at StuffYourOwn.com delivered by my smilin' mailman!!

[bdjunker]

U.S. Supreme Court Declares Maine Online Cigarette Sales Law Null

By Dee Chisamera
14:46, February 21st 2008

The U.S. Supreme Court rejected on Wednesday a Maine law meant to restrict minors’ access to tobacco via Internet or mail by forcing delivery companies to institute a recipient-verification service that ensured the buyer is of legal age.

“Despite the importance of the public health objective, we cannot agree with Maine that the federal law creates an exemption on that basis,” Justice Stephen G. Breyer said.“Many products create ‘public health’ risks … to allow Maine directly to regulate carrier services would permit other States to do the same.”

The law passed Maine’s legislature in 2003, but both a federal appeals court and the U.S. Supreme Court found it inappropriate. The federal court had already declared it unconstitutional, and the Supreme Court agreed, unanimously voting against it.

The law stipulated that carriers should inspect all tobacco packages directed to Maine. In case they failed to do so, carriers such as United Parcel Service and Federal Express faced negligence charges for knowingly allowing minors access to the products. Another aspect of the law was that it prohibited tobacco shipments into Maine for unlicensed retailers.

“Maine’s primary arguments for an exception from the pre-emption – that its laws help prevent minors from obtaining cigarettes and thereby protect its citizens’ public health – are unavailing. The federal law does not create a public health exception, but, to the contrary, explicitly lists a set of exceptions that do not include public health,” the Supreme Court said.

Maine was not the only state to support such a law, as 31 other states joined the same efforts to cut down on cigarettes deliver over the Internet and most of all, avoid them reaching minors. After taking into consideration all the aspects and Maine’s arguments that rejecting the law would only compromise the efforts to prevent minor’s access to cigarettes, the Solicitor General said other legislative alternatives should be found to this one.

http://www.efluxmedia.com/news_US_Supreme_Cou...

[JBlum]

bdjunker wrote:

U.S. Supreme Court Declares Maine Online Cigarette Sales Law Null
By Dee Chisamera
14:46, February 21st 2008
The U.S. Supreme Court rejected on Wednesday a Maine law meant to restrict minors’ access to tobacco via Internet or mail by forcing delivery companies to institute a recipient-verification service that ensured the buyer is of legal age.
“Despite the importance of the public health objective, we cannot agree with Maine that the federal law creates an exemption on that basis,” Justice Stephen G. Breyer said.“Many products create ‘public health’ risks … to allow Maine directly to regulate carrier services would permit other States to do the same.”
The law passed Maine’s legislature in 2003, but both a federal appeals court and the U.S. Supreme Court found it inappropriate. The federal court had already declared it unconstitutional, and the Supreme Court agreed, unanimously voting against it.
The law stipulated that carriers should inspect all tobacco packages directed to Maine. In case they failed to do so, carriers such as United Parcel Service and Federal Express faced negligence charges for knowingly allowing minors access to the products. Another aspect of the law was that it prohibited tobacco shipments into Maine for unlicensed retailers.
“Maine’s primary arguments for an exception from the pre-emption – that its laws help prevent minors from obtaining cigarettes and thereby protect its citizens’ public health – are unavailing. The federal law does not create a public health exception, but, to the contrary, explicitly lists a set of exceptions that do not include public health,” the Supreme Court said.
Maine was not the only state to support such a law, as 31 other states joined the same efforts to cut down on cigarettes deliver over the Internet and most of all, avoid them reaching minors. After taking into consideration all the aspects and Maine’s arguments that rejecting the law would only compromise the efforts to prevent minor’s access to cigarettes, the Solicitor General said other legislative alternatives should be found to this one.
http://www.efluxmedia.com/news_US_Supreme_Cou...

"Solicitor General said other legislative alternatives should be found to this one."

Uhhhhh

That would be Congress making a law that covers the whole country that makes it illegal to ship cigarettes via the U.S. Postal Service. Basically that is what has been proposed here.

[JBlum]

JDG wrote:

The Post Office has no reason to NOT deliver a legal product, and as long as it is not corrosive or explosive...they will continue....I make my own smokes...got everything at StuffYourOwn.com delivered by my smilin' mailman!!

Think again, Nimrod

This is just an example:
Postal Explorer > Publication 52 - Hazardous, Restricted, and Perishable Mail > 4 Restricted Matter > 47 Motor Vehicle Master Keys and Locksmithing Devices



47 Motor Vehicle Master Keys and Locksmithing Devices
471 Definitions
471.1 Motor Vehicle Master Keys
A motor vehicle master key is any of the following:

a. Any key other than the key (or an exact duplicate) furnished with the motor vehicle by the manufacturer.

b. The key (or an exact duplicate) furnished with a replacement lock.

c. Any key or manipulation device designed to operate two or more motor vehicle ignition, door, or trunk locks of different combinations, including any pattern, impression, or mold from which a master key or manipulation device can be made (18 USC 1716 and 39 USC 3002).

471.2 Locksmithing Devices
A locksmithing device is any of the following:

a. A device or tool (other than a key) designed to manipulate the tumblers in a lock into the unlocked position through the keyway of such lock.

b. A device or tool (other than a key or a device or tool under 471.2a) designed for bypassing a lock or similar security device, or for opening it by a method normally not used by consumers to open such locks or security devices.

c. A device or tool designed for making an impression of a key or similar security device in order to duplicate such key or device.

472 Mailability
The following conditions apply:

a. Motor vehicle master keys, as defined in 471.1, are nonmailable unless sent to any of the following categories of addressees:

(1) Lock manufacturers.

(2) Professional locksmiths.

(3) Motor vehicle manufacturers or dealers.

(4) Federal, state, or local government agencies.

b. Locksmithing devices, as defined in 471.2, are nonmailable except when sent to any of the following categories of addressees:

(1) Lock manufacturers or distributors.

(2) Bona fide locksmiths.

(3) Bona fide repossessors.

(4) Motor vehicle manufacturers or dealers.

(5) Bona fide automotive repair shops or businesses.

473 Packaging and Marking
No marking of any kind that indicates the nature of the contents may be placed on the outer wrapper or packaging of any mailpiece containing motor vehicle master keys or locksmithing devices. Mailable matter must be properly and securely packaged within the general requirements in DMM 601.1-601.8.

474 Nonmailable Matter Found in the Mails
All nonmailable motor vehicle master keys and locksmithing devices discovered in the mailstream must be reported in accordance with POM 139.117.

http://pe.usps.com/text/pub52/pub52c4_007.htm...

These things are NOT illegal and are restricted by the Post office.

[JBlum]

JDG wrote:

The Post Office has no reason to NOT deliver a legal product, and as long as it is not corrosive or explosive...they will continue....I make my own smokes...got everything at StuffYourOwn.com delivered by my smilin' mailman!!

42 Intoxicating Liquors
421 Definition
Intoxicating liquors are drinkable beverages that have 0.5 percent or more alcoholic content by weight and are taxable under chapter 51 of the Internal Revenue Service (IRS) Code.

BOOZE is not mailable.
422 Mailability
422.1 Nonmailable Matter
422.11 Intoxicating Liquors
Intoxicating liquors having 0.5 percent or more alcoholic content are nonmailable. Taxable liquors with 3.2 percent or less alcohol, including those obtained under a prescription or as a collector's item, also are nonmailable. The prohibition of the mailing of intoxicating liquors is contained in federal law (18 USC 1716).

422.12 Promotional Materials
Advertising, promotional, or sales matter that solicits or induces the mailing of intoxicating liquors also is nonmailable. See DMM 601.12.4.1.

422.2 Mailable Liquors
422.21 Products Not Categorized As Intoxicating Liquors
A product containing an intoxicating liquor is mailable if it conforms to the applicable requirements of the IRS and the Food and Drug Administration (FDA), and if it is not a taxable alcoholic beverage, poisonous, or flammable.

The following are examples of products that may be mailable:

a. Cold remedies.

b. Cooking wine.

c. Mouthwash.

422.22 Exempt Mailings Between Federal and State Agencies
Intoxicating liquor is exempt from the prohibition against mailing when it is sent between employees of federal or state agencies who have an official use for the liquor, such as for testing purposes. This exemption is based on the intent of the law to prevent liquor from being transported to prohibited jurisdictions for consumption and to ensure that all proper tax revenues are paid.

423 Packaging and Marking
423.1 General
All exempt and excepted intoxicating liquors must be sent via Registered Mail service and must meet the packaging requirements for liquids in DMM 601.2.

423.2 Denatured Flammable or Combustible Liquor
There are no postal requirements to denature the contents (i.e., to change the nature or natural qualities) of intoxicating liquor. However, if contents are denatured through the use of such elements as sodium bisulfate (a corrosive) or mercuric chloride (a poison), the substances must meet the mailability requirements in Chapter 3 for a Class 8 corrosive material or a Division 6.1 toxic substance, as appropriate. If the contents are flammable or combustible, the material must meet the requirements for a Class 3 flammable or combustible liquid in Chapter 3.

http://pe.usps.com/text/pub52/pub52c4_002.htm...

[just candid]

Tobacco cos have deep pockets, and it's belived they are not above making payoffs.

[JBlum]

JDG wrote:

The Post Office has no reason to NOT deliver a legal product, and as long as it is not corrosive or explosive...they will continue....I make my own smokes...got everything at StuffYourOwn.com delivered by my smilin' mailman!!

What is a Hazardous Material?
Hazardous materials come in a wide variety of forms and can be chemical, biological, radioactive, or a combination thereof. If a material or substance can cause harm to someone or something, it can be considered a hazardous material.

The Postal Service’s definition of a hazardous material includes many common household and consumer products. These items may not be hazardous during normal use or storage in your home but can present a significant hazard when placed in the mail due to vibration, temperature changes, and variations in atmospheric pressure.

Some examples of commonly-used items restricted or considered hazardous under USPS regulations include:

Perfumes
Nail polish
Flea collars or flea sprays
Aerosols
Bleach
Pool chemicals
Paints
Matches
Batteries
Fuels or gasoline
Airbags
Dry ice
Mercury thermometers
Cleaning supplies
Items previously containing fuel
Glues
Fireworks

Other items, such as alcoholic beverages (beer, wine, liquor), are not considered hazardous but are prohibited and boxes displaying such markings are also prohibited.

http://www.usps.com/aviationsecurity/

So, they prohibit the mailing of alcoholic beverages EVEN THOUGH THEY ARE NOT CONSIDERED HAZARDOUS and it is a legal product.

Why??????

Because Congress said so and Congress can do the same thing to cigarettes or tobacco products.

Personally, I would prefer they exempt roll your own materials, but they probably won't.

[bdjunker]

JBlum wrote:

<quoted text>
"Solicitor General said other legislative alternatives should be found to this one."
Uhhhhh
That would be Congress making a law that covers the whole country that makes it illegal to ship cigarettes via the U.S. Postal Service. Basically that is what has been proposed here.

What other LEGAL products cannot be sold over the internet? If it's legal, the government CANNOT ban the sale of it. The only restrictions are that you must pay all applicable state taxes. The only product they enforce this law on, is tobacco.

[bdjunker]

Wine can be purchased on the internet. We were given a Christmas gift for Wine of the Month, and every month we get 5 bottles delivered. Applicable state taxes were paid for by the gift giver.