Seneca Nation Prevails in Court

Judge grants 14-day restraining order on PACT Act

BUFFALO – The Seneca Nation was granted a temporary restraining order that will allow them to continue to sell mail order tobacco.

The PACT Act (Prevent All Cigarette Trafficking Act), which went into effect today, would prevent companies from shipping tobacco products via the US Postal Service. It also imposes mandates that require the companies to collect and pay online state and local taxes.

Seneca lawyers argued that the law will severely disrupt business, and would impose taxation regulations throughout thousands of different jurisdictions – a nearly impossible change in current business practices.

The Judge granted the temporary relief, but has scheduled a hearing on July 7 to hear the actual arguments in the case.

Seneca lawyers will likely argue that the law is Unconstitutional, and they may prove successful in such an argument.