Laws against sending commercial emails for Tobacco and Booze?

Discussion in 'Mail Chat' started by postmaster, Nov 19, 2012.

  1. postmaster

    postmaster VIP

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    I thought for sure there was a rule regarding sending mail for tobacco products and alcohol products, but after scanning through Can Spam of 2003 and also it's amendment, I'm not finding it!!

    Am I thinking about an old obscure state law? Maybe it was a California spam law?

    Can anyone rattle my brain and help me remember wtf it is? Did I imagine it? :)

    The reason I ask is because I wouldn't mind testing cigars and wine during the holiday season, but am unsure about the legalities.

    Thanks.
     
  2. phdesign

    phdesign Active Member

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    That is not part of Can Spam and in fact I don't believe there is any law against commercial email for alcohol or tobacco. You have probably seen emails for Thompson Cigars every holiday, especially Christmas and Father's Day. There are others as well for tobacco and alcohol.
     
  3. mx10

    mx10 VIP

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    here's the deal, michigan and utah passed two laws making it illegal to send this stuff to minors.

    you can pay them on a cpm bases some obscenely extravagant fee to clean your lists against their DB of known juvenile email addresses last i knew, as way to get around the law

    when these laws passed many years ago, everyone was scared to send thompson and wine club since you may have no idea what state someone lives in, the email account name may have changed hands, etc

    everyone figured it was a just a trap to start filing harassment and nuisance suits and whatnot, but nothing ever really seemed to come of it and people eventually started mailing alcohol and tobacco again

    it came several years after can-spam so they're still valid laws, and they do make some people paranoid enough they don't really want to deal with it which is why a fair number people shy away from them
     
  4. postmaster

    postmaster VIP

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    Ahhh.... Okay.

    Yeah, I got caught up in the Utah lawsuits going around right before Can Spam was passed in 2003. Maybe this is why I had the tobacco/alcohol thing imprinted in my mind.

    Thanks for the reminder.
     

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