They are not committing any crime. I'm not sure you understand how taxes work. Specifically those in PA. If a resident of PA purchases anything online, we'll use Amazon for instance, the consumer is responsible for remitting what is called Use Tax when they file their taxes at years end. Amazon does NOT have to charge the consumer any tax. It's up to the consumer to be fair and honest. In reality though, nobody ever does this and the DOR likely doesn't enforce this. I mean we are only talking about 6% sales tax.
Now the PA Tobacco tax on the other hand. Well, we're talking about 40%. OF COURSE the DOR is going to watch and enforce this. That's a great deal of revenue they'll be missing if they don't. Let alone the amount of revenue they can make on fines levied against a resident who hasn't paid it. In all reality, vendors such as Breazy don't have to charge PA residents the tax. We are still as PA residents responsible for remitting it, only with the Tobacco Tax it's monthly not yearly. Breazy is actually doing the residents of PA a HUGE favor by charging it at checkout. They've taken the hard work out of it for the residents leaving them with nothing to worry about each month.
Maybe Breazy's attorney told them they had to when they really don't, but in the end, it's helping everyone stay within the law. The last thing you want as a PA resident is the DOR breathing down your neck.