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About 10 online retailers have set up cyber-tobacco
shops in Kentucky to take advantage of the state's 3-cents-a-pack tax.
There are approximately 150 Internet cigarette sales operations
nationwide.
A General Accounting Office report issued this week puts Internet
tobacco sales in the United States at $5 billion by 2005 and predicts
states with high tobacco taxes could lose $1.4 billion in revenue.
''We can offer lower prices because we are located in Kentucky which
has one of the lowest cigarette tax rates in the nation,'' boasts
cigarettesforless.com, which sells a carton of Marlboro
cigarettes for $28.99, compared with $54.90 in Massachusetts.
With Massachusetts slapping $1.51 in taxes on a pack of cigarettes and
New York and New Jersey imposing $1.50 each, smokers are heading to the
Internet for cheaper smokes.

'I've yet to see one Internet company out there that is collecting
taxes and verifying age,'' Mark Smith, spokesman for Brown &
Williamson Tobacco Corp., told Thursday's Louisville Courier-Journal.
''It's really irresponsible what's happening right now. This stuff is
dangerous, and it's going to increase as the price of cigarettes gets
so expensive.''
Unlike the independent Internet tobacco sellers, Brown & Williamson
collects federal and home state taxes and verifies age.
The GAO has suggested giving the Bureau of Alcohol, Tobacco and
Firearms authority to take over enforcement of the Jenkins Act, which
requires an out-of-state buyer's tax authority to be notified. Online
sellers, however, maintain the Internet Tax Freedom Act makes them
exempt from the Jenkins Act.
The civil lawsuits, filed in San Diego Superior Court, ask a judge to
penalize the e-tailers a total of $1 million and to prohibit them from
selling cigarettes to customers under 18.
"They have to do more than just ask whether the buyer is over 18,"
Attorney General's Office spokesman Tom Dresslar said. "There are all
sorts of steps they could take to make sure minors aren't buying
cigarettes." The state's Attorney General's office said Dirt Cheap
Cigarettes, Inc. of Missouri; smokin 4 less and LLP
Enterprises/CigOutlet of Virginia; Cyco.net Inc. of New Mexico and
eSmokes of Florida were caught in sting operations in which
investigators allowed minors to use their parents' credit cards to get cigarettes.
The states of Washington and Oregon filed similar lawsuits on Tuesday,
and were expected to be joined by a number of other states in the
coming days, Dresslar said.

empts to collect a portion of the estimated $53.9 million allegedly
owed California by out-of-state tobacco vendors who fail to pay excise
tax on their sales to Californians.
Officials at Dirt Cheap Cigerettes, which calls
itself "The Last Refuge of the Persecuted Smoker," could not be reached
immediately for comment, but its Web site cautions buyers to "please be
18+ to shop with us, we care about the law." The lawsuit accuses the
companies of purposely undermining the state's efforts to reduce
smoking by minors by refusing to verify customers' ages or require a
signature upon delivery.
About 2,000 minors begin smoking every day in California alone, the
lawsuit said, and 80 percent of those early smokers develop regular
habits, the lawsuit said.
One-third of smokers who pick up cigarettes as minors will die of a
tobacco-related disease, the lawsuit said.
The legal action also att

Officials at smokin 4 less, Cyco.net, Inc. and CigOutlet.com could not
be reached for comment, but each of their Web sites contain warnings
that buyers should be over 18. CigOutlet's site advises buyers that
they are responsible for "all taxes applicable to their State, City
and/or County." On its Web site, eSmokes.com says it requires proof
that buyers are at least 21 and possess a valid drivers license and
credit card to purchase cigarette products, and
advises that buyers are responsible for complying with local laws
regarding out-of-state cigarette purchases.