Unfortunately I am not sure they can unless they can prove that someone benefited from an unjust law. In pa they are simply greedy for tax money. The tax can be considered unconstitutional if we fought it to the right judge. In the event that the ammendment does not get passed it can put pennsylvania in the hot seat to answer why it is necessary but with the FDA classifying ecigs as tobacco that will not amount to anything. Unfortunately we have some cunning law makers here in pa who have stated why they waited until the FDA ruling to enact the tax.
The fact that people owe "Use" tax (typically part of a Sales and Use Tax in the 40-some states that have them) on purchases they make out of state (even for personal consumption) seems to be rather well established, and this tax seems to follow that precedent.
Although I hate to agree I see it the same way. The only reprieve we would have is if a judge threw out the FDA'S governance over vaping. At that point it's no longer a sin tax and becomes a directed attack at an industry. But hoping for that is like hoping for the political parties to say hey let's do what's good for the country and not my pocket.The fact that people owe "Use" tax (typically part of a Sales and Use Tax in the 40-some states that have them) on purchases they make out of state (even for personal consumption) seems to be rather well established, and this tax seems to follow that precedent.
