Section 316-57-014 - OFFERS OF MERCHANDISE COMBINED WITH CIGARETTES014.01 No wholesaler, retailer, or other person may offer, with intent to injure competition among the wholesalers or retailers of this state, a combined package of cigarettes and other merchandise including cigarettes, at a price less than the combined costs of the cigarettes and merchandise. The wholesale or retail selling price of such combined package must equal or exceed the total of the invoiced cost of the cigarettes, including the cost of doing business, all applicable cigarette taxes, and the invoiced cost of the merchandise including the cost of doing business in relation to that merchandise. None of these three factors may be reduced by any payment by another person, a refund, or a credit memo.014.02 A manufacturer may offer combined packages of cigarettes and merchandise, including cigarettes, at a reduced invoice price by overcoming the presumption of intent to injure competition between retailers or wholesalers in this state. If the manufacturer shows, under § 013, that the combination offer is made available to all the retailers or wholesalers in the state, then the presumption is overcome.316 Neb. Admin. Code, ch. 57, § 014
Sections 59-1503, 59-1506, and 59-1511, R.R.S. 1943. May 11, 1982. Amended effective 3/21/2022