(a) It is a Class C misdemeanor for any retailer, with intent to injure competitors or destroy substantially or lessen competition, to advertise, offer to sell, or sell at retail, cigarettes at less than cost to the retailer.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 47-25-303

  • Cost to the retailer: means the "basic cost of cigarettes" to the retailer plus the "cost of doing business by the retailer". See Tennessee Code 47-25-302
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) Evidence of advertisement, offering to sell or sale of cigarettes by any retailer at less than cost to the retailer shall be prima facie evidence of both a violation of the Unfair Retailer’s Cigarette Sales Law, compiled in this part, and of intent to injure competitors or destroy substantially or lessen competition.
(c) It is the intention of the general assembly that this part be enforced by the department of revenue.
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