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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.
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.
Compounding the situation are sales to minors.
''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 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 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 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.
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.

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." One-third of smokers
who pick up cigarettes as minors will die of a tobacco-related
disease, the lawsuit said. The legal action also attempts 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 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.