PACT Act temporary restraining order granted by federal judge

[yvilla]

Seneca seller wins stay of new U.S. law on tobacco : Latest Local News : The Buffalo News

"A federal judge granted a temporary restraining order Monday allowing a Seneca Nation mail-order cigarette retailer to supply tobacco products across the country without having to meet the requirements of a new federal law that took effect at midnight.

District Judge Richard J. Arcara granted the motion as part of the retailer's lawsuit against the U.S. government. The retailer, Red Earth, which does business as Seneca Smokeshop, has asked the court to declare the Prevent All Cigarette Trafficking Act unconstitutional."

 

[blutoday]

Way to go, Seneca Nation!

 

[rothenbj]

Quite a firestorm in the comments.

 

[Stubby]

I was trying to figure out if the restraining order effects everyone or is limited to just one retailer. It wouldn't make much sense if it was limited to just Red Earth. Not a lawyer so wouldn't know. I did some searching around and not much news or views on it outside the original story.

 

[dubd1c3]

If PVs ruled to be tobacco product, would their sale be illegal over the internet via PACT act?

 

[D103]

That is truly depressing. The amount of prejudice is sickening... the intolerance, the narrow-mindedness, and the anger is disturbing. United We Stand.....and Divided We Fall. It becomes increasingly clearer everyday that we are and have been "falling" for sometime now. The chasm between the "Haves and the Have Nots" continues to widen and the elite 'Haves' sit calmly by and watch the rest of us tear at each others' throats and continually "give our liberties away" through unrealistic and ridiculous legislation designed to control whatever we find intolerable at the moment. And the idealogues and zealots who lead the fray stand smugly confident and incensed by anyone who would dare challenge them, yet they do not even hear the wolf at the door.....and the elite "Haves" smile, probably entertained by it all. It is utterly pathetic.

 

[yvilla]

If PVs ruled to be tobacco product, would their sale be illegal over the internet via PACT act?

No, not as the act is currently written. It now applies only to specifically defined cigarettes and specifically defined smokeless products, neither of which statutory definitions ecigs would fall within even if determined to be "tobacco products".

That is not to say the law could not at some future point be amended to include coverage of other specifcally defined products such as the ecig. That is, if the act is not ruled unconstitutional as is currently being argued in this, and I believe even other other lawsuits filed since its passage.

 

[D103]

No, not as the act is currently written. It now applies only to specifically defined cigarettes and specifically defined smokeless products, neither of which statutory definitions ecigs would fall within even if determined to be "tobacco products".

That is not to say the law could not at some future point be amended to include coverage of other specifcally defined products such as the ecig. That is, if the act is not ruled unconstitutional as is currently being argued in this, and I believe even other other lawsuits filed since its passage.

yvilla, how do you think lawsuits against the PACT Act will fare?

 

[chainvapor]

That is truly depressing. The amount of prejudice is sickening... the intolerance, the narrow-mindedness, and the anger is disturbing. United We Stand.....and Divided We Fall. It becomes increasingly clearer everyday that we are and have been "falling" for sometime now. The chasm between the "Haves and the Have Nots" continues to widen and the elite 'Haves' sit calmly by and watch the rest of us tear at each others' throats and continually "give our liberties away" through unrealistic and ridiculous legislation designed to control whatever we find intolerable at the moment. And the idealogues and zealots who lead the fray stand smugly confident and incensed by anyone who would dare challenge them, yet they do not even hear the wolf at the door.....and the elite "Haves" smile, probably entertained by it all. It is utterly pathetic.

Could not have said it better! Agree 100%

CV

 

[firechick]

I was trying to figure out if the restraining order effects everyone or is limited to just one retailer. It wouldn't make much sense if it was limited to just Red Earth. Not a lawyer so wouldn't know. I did some searching around and not much news or views on it outside the original story.

Stubby, it is limited to the retailer directly party to the filing, not all retailers.