WBUR (MA): Online Vape Sellers Violating Flavor Ban, AG Says

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LoveVanilla

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Online Vape Sellers Violating Flavor Ban, AG Says
Attorney General Maura Healey filed suit Friday against eight online e-cigarette sellers her office says is violating the new state law banning sales of flavored tobacco products in Massachusetts.

Healey filed the complaint Friday in Suffolk Superior Court, alleging the out-of-state companies improperly sold flavored tobacco products to Massachusetts buyers and failed to protect against delivery of their products to minors. Her office announced the suits Monday morning.

(SARCASM = ON)
The audacity and stupidity of quitting cigarettes! Flavors are such a horrible crime! Police with tasers, tear gas, SWAT, arrest, prosecution, and long-term sentences in a private prison camp will soon follow. MRAP required as these dealers can arm themselves with exploding vape pens.​
(/SARCASM)
 
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Rossum

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The complaint raises some interesting questions.

1) Does maintaining a website that happens to be accessible in a particular State give that State's courts jurisdiction over a company that has no physical presence in their State?

2) If so, how exactly does a Massachusetts State court intend to enforce anything against businesses in places like Florida and Nevada?
 

StormFinch

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The complaint raises some interesting questions.

1) Does maintaining a website that happens to be accessible in a particular State give that State's courts jurisdiction over a company that has no physical presence in their State?

2) If so, how exactly does a Massachusetts State court intend to enforce anything against businesses in places like Florida and Nevada?


I get the feeling that this is going to be a new test of old laws. Had it happened before the age of internet, no they probably couldn't have done much about it. As to right now, who knows?
Suing Out-of-State (Foreign) Corporations.

Unfortunately, I don't even see these companies having protections under interstate commerce laws. Had Mass banned internet sales without banning in-state sales, yeah. But with a blanket ban in place, it doesn't look good.
Court Strikes Down Another Attempt at State Regulation of Electronic Commerce
 
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