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Supreme Court to consider Maine cigarette law

By Morning Sentinel Staff Report June 25, 2007 12:24 PM

WASHINGTON (AP) — The Supreme Court on Monday agreed to consider reinstating Maine’s law aimed at regulating Internet sales of cigarettes to keep them out of the hands of minors.

Trade associations for delivery companies successfully argued in an appeals court that a federal statute supporting the free flow of interstate commerce pre-empted the Maine law.

The Maine attorney general, who asked the Supreme Court to hear the case, argues that states should be allowed to exercise their historic public health police powers to stop delivery of tobacco to children.

To comply with the state law, carriers must specially inspect every package containing tobacco and destined for delivery in Maine.

The 1st U.S. Circuit Court of Appeals found that carriers had to change their uniform package-processing procedures to comply with Maine’s law. That, said the appeals court, conflicts with the requirements of the Federal Aviation Administration Authorization Act. It says states may not enact a law related to a service of any shipper.


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