tocacco plant Native American Tobaccoo flower, leaves, and buds

tocacco Tobacco is an annual or bi-annual growing 1-3 meters tall with large sticky leaves that contain nicotine. Native to the Americas, tobacco has a long history of use as a shamanic inebriant and stimulant. It is extremely popular and well-known for its addictive potential.

tocacco nicotina Nicotiana tabacum

tocacco Nicotiana rustica leaves. Nicotiana rustica leaves have a nicotine content as high as 9%, whereas Nicotiana tabacum (common tobacco) leaves contain about 1 to 3%

tocacco cigar A cigar is a tightly rolled bundle of dried and fermented tobacco which is ignited so that its smoke may be drawn into the mouth. Cigar tobacco is grown in significant quantities in Brazil, Cameroon, Cuba, Dominican Republic, Honduras, Indonesia, Mexico, Nicaragua, Sumatra, Philippines, and the Eastern United States.

tocacco Tobacco is an agricultural product processed from the fresh leaves of plants in the genus Nicotiana. It can be consumed, used as an organic pesticide, and in the form of nicotine tartrate it is used in some medicines. In consumption it may be in the form of cigarettes smoking, snuffing, chewing, dipping tobacco, or snus.

tocacco Cigarettes are smoking products consumed by people and made out of cut tobacco leaves. Cigars are typically composed completely of whole-leaf tobacco. A cigarette has smaller size, composed of processed leaf, and white paper wrapping. The term cigarette refers to a tobacco cigarette too but it can apply to similar devices containing other herbs, such as cannabis.
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Court Nixes Challenge to Tobacco Settlement Law

The 2nd Circuit upheld a New York law requiring cigarette manufacturers who refused to participate in the state’s settlement with the tobacco industry to make annual payments into a reserve fund.

The Manhattan-based federal appeals court rejected a challenge by cigarette importers to New York’s Escrow and Contraband Statutes, which the state enacted to enforce the 1998 landmark Master Settlement Agreement between 46 states and four leading tobacco companies.

Cigarette importers Freedom Holdings and International Tobacco Partners sued the state in 2002, claiming the statutes violated the Sherman Act and the Commerce Clause.

They argued that the laws, by effectively forcing them to join the settlement, improperly restrained trade and attempted to regulate out-of-state commerce.

After five amended complaints and six years, a federal judge rejected the importers’ claims in 2008.

The 2nd circuit affirmed on appeal, joining many of its sister circuits in finding that such state escrow and contraband laws, which all of the settling states have enacted, do not violate federal law.

“The record evidence supports the district court’s finding that plaintiffs failed to prove that New York’s Escrow and Contraband Statutes delegate any regulatory power to private parties,” Judge Reena Raggi wrote.

“The record evidence further supports the district court’s determination that any potentially anti-competitive aspects of the New York Escrow and Contraband Statutes were clearly articulated and affirmatively expressed as state policy as well as actively supervised by the state itself, such that defendants qualified for state action immunity.”

Raggi added that the state laws require tobacco companies that refuse to join the settlement agreement to deposit an amount of money “roughly equivalent” to the costs borne by the settling companies, and thus amounts to a “flat tax.”

“A tax increase, like any cost, will likely be passed on to consumers in the form of higher prices,” she wrote, “but where, as here, the state alone imposes the increased cost, there is no private collusion implicating the antitrust laws.”


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