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.