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Sting busts online tobacco sale to minors

October 9, 2000

Following an online sting by Michigan’s attorney general, 11 tobacco distributors will face criminal charges for selling restricted products to minors.

Attorney General Jennifer Granholm filed 20 criminal complaints against eight individuals and three corporations, accusing them of selling tobacco and tobacco products to minors via the Internet.

The Notice of Intended Action was filed Sept. 24, alleging multiple violations of the Michigan Consumer Protection Act, which forbids companies from engaging in unfair or deceptive acts or practices in the conduct of business, said Chris DeWitt, communications director for the attorney general.

“We hope that this action will have a deterrent effect on other Internet companies,” DeWitt said. “The attorney general will continue to authorize investigations into these types of illegal activities.”

The charges consist of two counts of selling tobacco to a minor, a $50 fine, and two counts of using a computer to commit a crime, a $500 fine.

The distributors may also face up to 93 days in jail and two counts of failing to report the transfer of cigarettes into Michigan, a $1,000 fine and up to one year in jail.

The online sting consisted of three minors, under the supervision of attorney general investigators, making purchases from eight online vendors in Virginia, Kentucky, Missouri and Florida between May 30 and June 28.

DeWitt said Granholm has been concerned about various aspects of e-commerce on the Internet.

“One area of concern is over the sale of tobacco products, that prompted this investigation,” DeWitt said. “It’s important for parents to be aware of what their children are doing on the Internet.”

During the sting the minors made a total of 15 tobacco purchases. They ordered and received cigarettes, chewing tobacco, and bidis - candy flavored cigarettes imported from India with 5 percent to 8 percent more nicotine than conventional brands.

The Web sites asked the minors to click on a box validating their age of 18 years, but none were asked to positively verify their age before purchasing or receiving the products.

Doug Campbell, owner of Campbell’s Smoke Shop, 207 M.A.C Ave., said Internet sales really don’t diminish his business, but the same rules and regulations, such as taxes, that apply to local merchants should apply to online businesses.

None of the packages ordered were marked with the Michigan tobacco tax stamp, a stamp that verifies officials have received notice that package of tobacco was shipped into the state and a tax was paid for its transportation and sale.

Andy Buck, a supply chain management senior, said it’s far too easy for minors to access restricted products on their computers.

“It’s bad enough that adults smoke, but we don’t need kids polluting their lungs too,” he said.

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