U.S. Supreme Court Declares Maine Online Cigarette Sales Law Null

By Dee Chisamera
14:46, February 21st 2008
78 votes
Vote this story
U.S. Supreme Court Declares Maine Online Cigarette Sales Law Null

The U.S. Supreme Court rejected on Wednesday a Maine law meant to restrict minors’ access to tobacco via Internet or mail by forcing delivery companies to institute a recipient-verification service that ensured the buyer is of legal age.

“Despite the importance of the public health objective, we cannot agree with Maine that the federal law creates an exemption on that basis,” Justice Stephen G. Breyer said. “Many products create ‘public health’ risks … to allow Maine directly to regulate carrier services would permit other States to do the same.”

The law passed Maine’s legislature in 2003, but both a federal appeals court and the U.S. Supreme Court found it inappropriate. The federal court had already declared it unconstitutional, and the Supreme Court agreed, unanimously voting against it.

The law stipulated that carriers should inspect all tobacco packages directed to Maine. In case they failed to do so, carriers such as United Parcel Service and Federal Express faced negligence charges for knowingly allowing minors access to the products. Another aspect of the law was that it prohibited tobacco shipments into Maine for unlicensed retailers.

“Maine’s primary arguments for an exception from the pre-emption – that its laws help prevent minors from obtaining cigarettes and thereby protect its citizens’ public health – are unavailing. The federal law does not create a public health exception, but, to the contrary, explicitly lists a set of exceptions that do not include public health,” the Supreme Court said.

Maine was not the only state to support such a law, as 31 other states joined the same efforts to cut down on cigarettes deliver over the Internet and most of all, avoid them reaching minors. After taking into consideration all the aspects and Maine’s arguments that rejecting the law would only compromise the efforts to prevent minor’s access to cigarettes, the Solicitor General said other legislative alternatives should be found to this one.



© 2007 - 2008 - eFluxMedia
dotclear

Other News in

Soldiers Wounded By Communist Rebels In The Southern Philippines

Davao City, Philippines - Four soldiers facing communist rebels in the southern Philippines were wounded earlier today. Major Randolph Cabangbang said the victims were pursuing fleeing communist...

US In Year-Long Recession, Top Economic Arbiter Declares

Washington - The United States has been in a recession since December 2007, the country's official arbiter of economic growth said Monday, confirming the long-held views of many economists as the...

Bamyan Entices Visitors Beyond The Buddhas

Bamyan, Afghanistan - After three decades of conflict and persecution capped by one of history's most heinous acts of vandalism, Bamyan in central Afghanistan, is sprucing itself up for the more...

Aboriginal Counterpoint To The Sydney Opera House

Sydney - Tourists asked what they want from a holiday in Australia usually bang on about native animals and wide open spaces, the Sydney Opera House and a glimpse into the life of the original...

Atonement At Last For Son Who Bled His Family

Sydney - Jeffrey Gilham got on with his life after pleading guilty in 1993 to avenging the slaying of his parents by stabbing his brother to death. He finished his engineering degree, landed a...

dotclear
Latest videos in World
Rabbi, wife funeral in Israel
Attacks fuel India-Pakistan...
Mumbai terror caught on CCTV
India siege turns political
Kim Jong-il enjoys day at the...

dotclear
World You are here: World
» World   » Business   » U.S.   
E-mail To A Friend Print RSS Text size: Decrease font size Increase font size
dotclear
dotclear
dotclear
Most Popular in World
World AIDS Day - A Reminder That HIV Has Not Gone AwayWorld AIDS Day - A Reminder That HIV Has Not Gone Away

» read full story
dotclear

Interested In This Topic?

News Alert will keep you informed. Find out more.
dotclear
Photos Gallery
dotclear
Today's Latest News
YouTube To Bring Carnegie Hall On Your Very ComputerYouTube To Bring Carnegie Hall On Your Very Computer

» read full story
dotclear