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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.
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