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Request By:

Ramsey Morris
Representative 8th District
Legislative Research Commission
State Capitol
Frankfort, Kentucky 40601

Opinion

Opinion By: Robert F. Stephens, Attorney General; By William S. Riley, Assistant Attorney General

In your recent letter to the Attorney General, the question has arisen concerning the application of the unfair cigarette sales law found in KRS 365.260 to 365.380.

KRS 365.280 prohibits any wholesaler or retailer with intent to injure competitors or to destroy or substantially lessen competition to offer a rebate in price, to give a rebate in price, to offer a concession of any kind or to give a concession of any kind or nature in connection with the sale of cigarettes.

At no point in the above statute is reference made to customers. The whole intent of the statute seems to be a prohibition against a wholesaler or retailer.

Under the circumstances, we cannot say a customer who receives a rebate is violating the law.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1977 Ky. AG LEXIS 147
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