At Indian retailers’ urging, NY judge extends hold on new law that bans mailing cigarettes

NY judge extends hold on mail-order cigarette law

BUFFALO, N.Y. — Seneca Indian Nation cigarette sellers remain free to fulfill orders by mail in New York while a federal judge in Buffalo considers whether a law banning the practice is constitutional.

U.S. District Judge Richard Arcara on Wednesday extended until July 30 a temporary restraining order that allows 141 members of the Seneca Free Trade Association and another Seneca businessman to continue to operate without having to comply with the Prevent All Cigarette Trafficking — or PACT — Act.

The law that took effect June 29 bans using the U.S. Postal Service to ship cigarettes and requires sellers to comply with states’ and municipalities’ varying taxing laws.

The Senecas, who dominate the national mail-order cigarette business, say the law unfairly targets nation businesses.