Federal Cig Shipping Law Covers Tribal Co., 2nd Circ. Says

Law360 (November 8, 2019, 8:31 PM EST) -- The Second Circuit ruled Thursday that a Native American-owned tobacco maker’s sales to reservations in other states was interstate commerce under the Prevent All Cigarette Trafficking Act, partly overturning a New York federal judge’s decision.

The state of New York and King Mountain Tobacco Co., which is owned by a member of the Yakama Nation, had both appealed a July 2016 decision in which the company beat most federal claims that New York brought against it under the Contraband Cigarette Trafficking Act and the PACT Act, although the district court also found the company's sale of cigarettes without tax stamps violated...

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