Questions about FDA Banning Online sales

[warren]

I found one, Seneca, just googling "Red Man."
http://www.smokes-spirits.com/StoreDetails.aspx/Tobacco/Chewing+Tobacco/opt/store/16/category/16
I didn't try to order, Sam's Club meets my needs locally.

 

[peckinpahhombre]

What if you like to chew your pipe tobacco much like carrot cake? You know, just for kicks.

 

[brian64]

Ok, so let's see if I got all this nonsense straight now.
Apparently all of the on-line chew retailers are "Indian Country" operations and therefore not subject to the feds. But everyone purchasing from them is apparently in violation of federal law/regs unless they live on the reservation.

What if you like to chew your pipe tobacco much like carrot cake? You know, just for kicks.

My guess is you'd be in violation of some statute.

 

[cosmicfolklore]

Funny, I smoke my chewing tobacco... Cotton Boll Twist. It’s a rustica based twist. Strong stuff, puts me to sleep at night... when I don’t have a tin of C&D Burley Flake #1 open.

 

[warren]

I didn't write all or only. It does appear that at least one Indian operated vendor is selling on-line. To say definitely that they are exempt or, in violation for that matter, would be conjecture on my part.
I do not believe Federal law prevents buying and then removing from the reservation for personal use. I do know that it is against the law to resell products purchased in this manner. Which is why there is a market for such resale in New York City and most everywhere else. Even Canada has problems with residents driving into New York State to the closest reservation, buying and smuggling product back for resale. It's not epidemic but, it does keep a Mountie or two employed.

 

[brian64]

I didn't write all or only.

Yeah, I didn't mean to imply you were saying that...I was just reasoning that is likely the case based on the federal law.

I do not believe Federal law prevents buying and then removing from the reservation for personal use.

I just meant by mail order...I'm sure it's legal if you're physically there, but apparently not by mail/web order.

 

[warren]

I'm not sure Federal law prevents DHL, FedEx or UPS from delivering to your door. I'll have to research that when and if necessary. I should note, I live in a town with no sales tax so that's not a concern to me. Yet!

 

[woodsroad]

I know that New York went after common carriers for delivering cigarettes.

 

[cosmicfolklore]

Funny thing... I asked Skip to elaborate for me what laws restricted the sell of chewing tobaccos and shipping of them. Was it the FDA or was it some other entity? And, why are there so many places online that offer to sell and ship chewing tobacco now?
He wrote back, I told you, they banned it.
Ha ha, gotta love Skip. He is a man who doesn't mince words, ha ha.

 

[swilford]

Thanks for the confirmation, Sykes. But, that leaves me wondering why there are sites that sell chewing tobacco online now. I know that may be out of your realm of expertise, but I think I am more confused.

No clue. Maybe they're in violation and enforcement is weak? Maybe it's legal if handled a certain way (note that the Jenkin's Act doesn't actually prohibit it, but requires that it meets certain state requirements and age verification rules; the latter are easy; the former are impossibly onerous when not operating in that state)? Maybe they're in other countries?
Like Skip did with chewing tobacco, we stopped selling nasal snuff in 2009. For us, from a business perspective, it was inconsequential (it was something like 1/10 of 1% of revenue), but from a personal access to a stock of snuff, Adam Davidson and a couple of others were seriously put out...
Sykes

 

[PaulTheScandinavian]

Poland & Finland-all online tobacco sales were banned some two-three year ago,this rule stands for inland orders as well,been told since then annual revenues of B&M went downhill,but who cares..