In general, cigarettes may not be imported into the U.S. if they meet four specific conditions.
An informal explanation of these terms, the law in 19 CFR, Chapter 4 are described, Section V, 1681a as follows:
- The original manufacturer of the cigarettes has provided a list of the ingredients except for tobacco (eg additives) to the Department of Health and Human Services;
- That the precise warnings under section 15 USC 1333 of permanent on both individual packages and the boxes they are in (not printed labels are an acceptable substitute for permanent, printed warnings);
- That the manufacturer or importer of cigarettes, has an approved plan to rotate different warning messages displayed by 15 USC Section 1333, and the order;
- The fact that the importer of cigarettes, for an intellectual property right in the U.S. was (such as trademarks or registered distribution rights) has to import the trademark owner's permission, these cigarettes.
Many of cigarettes offered for sale via the Internet, either fake or not otherwise take at least one of the above conditions. Consequently, it is generally not possible, persons in the United States to them in order for the supply from sources outside the U.S.
On 10 September 2008, HR 4081, Prevent All Cigarette was the Act of 2008 Trafficking (PACT Act) was adopted. The bill makes cigarettes and smokeless tobacco is not included under the criminal provisions of Title 18 of the U.S. Code. The bill also provides shipping and record keeping requirements on those selling cigarettes and smokeless tobacco over the phone, by post or over the Internet. Sellers would be required to verify the age and identity of the buyer to reduce sales to minors. In addition, the bill would make failure to comply with a state tobacco tax laws a felony.