§ 24-3-2-3 — Sale at less than cost; penalty

Indiana § 24-3-2-3

• Jurisdiction: Indiana
• Art. 3: TOBACCO PRODUCTS
• Ch. 2: Cigarette Fair Trade Act

Text

(a) It is a Class A infraction for a retailer or
distributor, with intent to injure competitors or destroy or substantially
lessen competition, to offer to sell or sell at retail or wholesale
cigarettes at less than the cost to him. The registration certificate held
by such a distributor under IC 6-7-1 may be revoked by the department
for the balance of the term thereof.
(b) Evidence of offering to sell or sale of cigarettes by any retailer
or distributor at less than the cost to him is prima facie evidence of
intent to injure competitors and to destroy or substantially lessen
competition.
(c) Notwithstanding IC 34-28-5-5(c), a judgment for a violation of
this section shall be deposited in the enforcement and administration
fund established under IC 7.1-4-10-1.
Formerly: Acts 1949, c.51, s.3. As amended by Acts 1978,
P.L.2, SEC.2408; P.L.252-2003, SEC.13.