State of New York et al. v. United Parcel Service

The court allowed a lawsuit to proceed against United Parcel Service (UPS) for allegedly delivering contraband untaxed cigarettes within the state of New York. The court dismissed two of the claims because UPS had an agreement in place with the New York Attorney General prohibiting them from delivering cigarettes to unauthorized recipients. However, the court found there was enough information for the other claims—based on violations of federal and state law—to continue. 

State of New York et al. v. United Parcel Service, Inc., No. 1:2015cv01136 - Document 49 (S.D.N.Y. 2015).

  • United States
  • Sep 16, 2015
  • U.S. District Court Southern District of New York
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Parties

Plaintiff

  • The City of New York
  • The State of New York

Defendant United Parcel Service

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"Finally, it is worth noting that the Court’s reading does not leave state attorneys general without any remedy to prevent the unlawful delivery of cigarettes to individual consumers and personal residences. The AOD contains its own remedies in the event of UPS’s breach, providing a $1,000 stipulated penalty for each violation of its terms. (AOD 42.) The fact that plaintiffs will still be able to pursue remedies under the AOD means that plaintiffs are only barred from obtaining duplicative recovery. In sum, because the Amended Complaint fails to allege that the AOD is not accepted nationwide, the PACT Act claims must be dismissed."