NJ Court Revives Cigarette Wholesaler's Competition Suit

Law360, New York (January 9, 2014, 3:57 PM EST) -- In a published opinion interpreting the state's Unfair Cigarette Sales Act, the New Jersey Appellate Division on Thursday revived a cigarette wholesaler's lawsuit accusing numerous other wholesalers of illegally underpricing cigarettes on the wholesale market through offering rebates.

The three-judge appeals panel ruled that a complaint filed in 2005 by cigarette wholesaler L.J. Zucca Inc. accusing 28 other wholesalers of violating the state’s Unfair Cigarette Sales Act of 1952 could proceed. The case had been dismissed in 2011 by the Law Division, which found that the...
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