Arkansas Tobacco Control Board v. Sitton

Jim Hannah, Justice.

The Arkansas Tobacco Control Board stice. decision of the Pulaski County Circuit Court finding that in the absence of the ATCB adopting regulations defining the statutory terms “trade discounts” and “rebate,” the Unfair Cigarette Sales Act (UCSA) prohibition against rebates is void for vagueness as applied in this case. We affirm the circuit court and hold that a person of ordinary intelligence is not on fair notice of whether payments to Dodge Stores (Dodge) 1 were permitted “trade discounts” or prohibited “rebates.” Therefore, the UCSA is unconstitutional as applied in…