"Basically, these Web sites simply ask if you're 18," she said. "If you say yes, and you have a credit card, you can make the purchase."
Kaplan said hundreds of Web sites were investigated, many claiming affiliation with Indian tribes throughout the country (thus raising questions of sovereignty that California authorities were leery of getting into right off the bat).
In the end, five non-Indian Internet retailers were singled out for the state's lawsuit: Dirt Cheap Cigarettes in Missouri, Smokin 4 Less in Virginia, Cycocigs.com in New Mexico, eSmokes in Florida and Cigoutlet.com in Virginia.
"Even after we warned these guys how easy it was for minors to purchase cigarettes, they continued operating as usual," Kaplan said. "It was a real problem."
According to the federal Centers for Disease Control, nearly 28 percent of California high school students used tobacco products as of 2000.
Meanwhile, the state Board of Equalization estimates that about $54 million in tax revenue was lost in the most recent fiscal year because out-of-state tobacco merchants failed to report sales to California officials.
The Internet, of course, accounts for a very small fraction of overall cigarette sales, including among minors.
Emily Kaplan, 17, a student at Lincoln High School in San Francisco (and no relation to the deputy attorney general), said most young people know which stores will sell them smokes over the counter. "Also, you can always ask someone older to buy them for you," she said.
Buying cigarettes online, Kaplan added, seems "way too complicated."
But the attorney general's office believes its lawsuit is important because the number of kids willing to purchase tobacco via the Net will only grow year after year.
All but one of the five companies to be sued today by California ignored calls and e-mails seeking comment. The one that did respond, New Mexico's Cycocigs, essentially argued that if kids are determined to smoke, there's not much anyone can do to stop them.
"Look at marijuana," said Rick Urrea, the company's president. "It's 100, 000 percent illegal and kids smoke it every day. They're going to get it if they want it."
Nevertheless, he said he understands the concerns of California officials and, as of two weeks ago, implemented a new policy requiring the signature of an adult when shipments from Cycocigs arrive at the door.
"We've lost customers because of the inconvenience," Urrea said. "But we don't want to sell to kids. That's not what we're here for."
As for evading state taxes, he said Cycocigs will fight the charge. The U.S.
Supreme Court ruled in 1992 that it's too great a burden for companies to collect and remit taxes across state lines, and Urrea said this will form the basis of his defense.
But Kaplan at the attorney general's office countered that the federal Jenkins Act still requires out-of-state tobacco vendors to report all cigarette sales to local authorities.
"We think we have a good case," she said. "We feel good about this."
With good reason, you could say.