January 18, 2010 - The Idaho Supreme Court has rejected an appeal by an online cigarette marketer who claimed his company was immune from state laws regulating tobacco sales.
The unanimous decision issued Friday affirms a lower court ruling in a lawsuit filed by the Idaho Attorney General in 2006 against Scott B. Maybee, who sold millions of cigarettes to Idaho smokers through Smartsmoker.com and Ordersmokesdirect.com.In the original lawsuit, the state claimed Maybee, a Native American from New York, was violating state laws requiring cigarette peddlers to register with the state and pay a fee to the state. The laws were passed in the wake of the national tobacco settlement in 1998.
Maybee claimed Idaho laws don't apply because he's protected by federal interstate and Indian commerce laws. The justices disagreed and awarded attorney fees and costs to the state.
Reference:
Idaho Court Rules Against Online Tobacco Seller Idaho Supreme Court sides with state in case against online tobacco peddler, Associated Press, 1/15/2010.
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