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Can't Smoke 'Em If You Don't Got 'Em



Most of the anti-tobacco campaigning we've seen lately has been at the state and local level, bans on smoking here, there and everywhere (city parks!).

Must frustrate federal officials. How can we get back into the spotlight for regulating, fining, criminalizing and stigmatizing smoking?

A hearing tomorrow in House Judiciary:

Thursday 05/01/2008 - 10:00 AM
2237 Rayburn House Office Building
Subcommittee on Crime, Terrorism, and Homeland Security
Hearing on: H.R. 4081, the "Prevent All Cigarette Trafficking Act of 2007"; and
H.R. 5689, the "Smuggled Tobacco Prevention Act of 2008"
H.R. 5689 has been around in various forms for a few years; here's the sponsor, Rep. Lloyd Doggett's, position on the bill. The bill with less prospects, H.R. 4081, introduced by Rep. Anthony Weiner (D-NY), has only one cosponsor. The CRS description suggests a far-reaching expansion of federal regulatory, law enforcement and judicial authority. And do we spot a pre-emption issue?
Prevent All Cigarette Trafficking Act of 2007 or the PACT Act - Amends the Jenkins Act to: (1) include smokeless tobacco as a regulated substance; (2) impose shipping and recordkeeping requirements on delivery sellers (sellers using the telephone, mails, or the Internet) of cigarettes and smokeless tobacco; (3) require common carriers of cigarette products to obtain age and identity verification upon delivery of such products; (4) require the Attorney General to compile and publish a list of delivery sellers of cigarettes or smokeless tobacco who have not complied with the registration or other requirements of such Act; (5) increase criminal penalties and impose new civil penalties for violations of this Act; (6) grant jurisdiction to U.S. district courts to restrain violations of such Act and direct the Attorney General to administer and enforce such Act; and (7) treat cigarettes and smokeless tobacco as nonmailable and prohibit such items from being deposited in or carried through the U.S. mails.

Prohibits a tobacco product manufacturer or importer from selling or delivering in states cigarettes not in compliance with model or qualifying state statutes.

Indian tribes excepted, of course.


 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.