New York state joins NYC in suing FedEx for shipping untaxed cigarettes

Mon Mar 31, 2014 2:49am EDT

An all-electric FedEx delivery truck is seen in San Diego, California September 24, 2013. REUTERS/Mike Blake

An all-electric FedEx delivery truck is seen in San Diego, California September 24, 2013.

Credit: Reuters/Mike Blake

Related Topics

(Reuters) - New York state joined New York City in suing package delivery company FedEx Corp for allegedly violating state and federal laws by illegally delivering contraband cigarettes to people's homes.

The City of New York had sued FedEx last December, accusing the company of creating a "public nuisance" through its partnership with Shinnecock Smoke Shop to ship untaxed cigarettes to homes.

An amended complaint filed on Sunday included the State of New York Attorney General Eric Schneiderman among the plaintiffs, and sought more than $239 million in damages and penalties.

The New York state alleged that FedEx knowingly shipped nearly 400,000 cartons of unstamped cigarettes to homes in the state, depriving it of $15, $27.50 or $43.50 on each carton in tax revenue.

The New York city had earlier alleged that the company deprived it of excise tax of $15 per carton.

"The claims advanced in the Amended Complaint by the NYAG are substantively identical to the City's claims in the original Complaint," Assistant Corporation Counsel Eric Proshansky, who represents the New York City in the case, said in a letter on Sunday.

"Accordingly, the proposed objections to the pleadings raised by FXG (FedEx Ground Package) should still form the basis for discussion at the April 9th pre-motion conference."

FedEx requested the court last week to dismiss or substantially narrow New York City's complaint.

Schneiderman's office and FedEx were not immediately available for comment outside regular business hours.

The case is City of New York v. FedEx Ground Package System Inc et al, U.S. District Court, Southern District of New York, No. 13-09173.

(Reporting by Supriya Kurane in Bangalore; Editing by Joyjeet Das)

We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see
Comments (4)
“(Reporting by Supriya Kurane in Bangalore; Editing by Joyjeet Das)”

Seriously!??? You have Indians in India writing stories about proceedings in New York?
C’mon, Reuters!

Mar 31, 2014 3:01am EDT  --  Report as abuse
kdk729 wrote:
LOL @ TPartyNutcases comment, agreed, talk about outsourcing, now with the news…

Anyway, to the point, this is what it’s all about folks. This is why cigarettes are still being sold despite the huge negative health consequences, and this is why the ecigarette/vaping industry is being salivated over and potentially derailed because they contain nicotine.

All of their posturing about being concerned about health, welfare and insurance costs is just that. It’s all about the money. Remember all those settlements from the tobacco companies? Follow up on where the money REALLY goes. Without fail, that money finds it’s way into the general coffers and is not used to offset increased health-cost burdens because of smoking tobacco.

Mar 31, 2014 7:15am EDT  --  Report as abuse
runfast3 wrote:
Sounds like a bunch of BS. How is Fed-X supposed to know what is in their packages. If NY and NYC want more money,why don’t they go after alcohol with the same vengence as they have tobacco. Alcohol has cost this country more dollars than tobacco ever has. I guess with most of our politicians being drunks they keep the alcohol flowing……..just my thoughts

Mar 31, 2014 10:51am EDT  --  Report as abuse
This discussion is now closed. We welcome comments on our articles for a limited period after their publication.