The US Supreme Court has struck down a Maine law that imposed severe restrictions on sales of cigarettes via mail order and the Internet.
In a unanimous decision (9-0), the court said that Maine cannot impose a regulatory scheme on transportation companies delivering tobacco products directly to consumers. The justices said the state measure was preempted by a congressional mandate under the Federal Aviation Administration Authorization Act of 1994 that bars individual states from interfering in the operations of interstate shipping and transport companies.
Maine's law requires delivery companies to intercept packages from unlicensed tobacco sellers and to verify the age of buyers, hitting delivery companies with huge additional costs, the industry says. The justices, citing need for unfettered interstate commerce, said delivery companies cannot be required to verify that tobacco recipients are over 18.
In addition to Maine, 31 states have cigarette delivery laws targeting the problem of underage smokers. Some states ban Internet cigarette sales entirely, while others have tried to confine the sales to adults.
The ruling could provide the impetus for the transportation industry to get out from under state laws regulating cigarette deliveries in the Internet age. (pi)