For Immediate Release
Media Contact: Bob Cooper
(208) 334-4112

Date: June 16, 2010

Internet Tobacco Seller Agrees to Comply with Idaho Law

(Boise) – The Lil’ Brown Smoke Shack (LBSS), an Internet tobacco seller, has agreed to change its business practices to comply with Idaho law, Attorney General Lawrence Wasden said. U.S. Magistrate Judge Candy Dale approved the settlement with LBSS late yesterday.

The settlement resolves the State’s claims that LBSS was violating Idaho tobacco sales laws. The settlement also ends LBSS’s lawsuit that sought to prohibit Attorney General Wasden and Idaho Department of Health and Welfare Director Richard Armstrong from enforcing Idaho Law.

“The Idaho Legislature passed these laws to reduce the illegal sale of tobacco products to children and to address the harmful effects tobacco has on Idaho,” Attorney General Wasden said.

Wasden filed the lawsuit in 2009 alleging that LBSS sold various tobacco products in violation of Idaho law. Specifically, LBSS sold “roll-your-own” cigarettes that were not on the Attorney General’s Directory of Compliant Tobacco Product Manufacturers and Brand Families. Idaho law only allows the sale of cigarettes, including “roll-your-own” cigarettes, listed on this directory.

In addition, LBSS sold these cigarettes and other tobacco products to consumers without obtaining a tobacco permit from the Department of Health and Welfare, as required by the Prevention of Minors’ Access to Tobacco Act.

In the settlement, LBSS agreed to:

  • Cease retail sales until it obtains a permit from the Department of Health and Welfare;
  • Cease selling cigarettes that are not on the Attorney General’s directory; and
  • Cease wholesale sales unless it obtains a permit from the Idaho State Tax Commission.

LBSS has agreed to reimburse the State its attorney fees in prosecuting this action.

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