Court Strikes Down Portions of Maine Anti-tobacco Law [06/01-2]

Excerpts from: Court Strikes Down Portions of Maine Anti-tobacco Law

By AP [05/30/05]

A federal judge has struck down portions of a Maine law designed to prevent youths from smoking.

U.S. District Judge D. Brock Hornby said that while Maine's statute is laudable and well-intentioned, it runs afoul of federal interstate commerce laws by impeding delivery services.

Maine's 2003 law requires procedures to verify that those who purchase tobacco by mail are old enough to do so. It was designed in part to prevent youths from ordering cigarettes online and also to assist the state in collecting taxes that would otherwise be unpaid.

Under the Maine law, the person to whom the tobacco products are addressed must be at least 18 years old and must sign for the package. If the buyer is under 27, a government-issued identification must be shown at the time of delivery.

After the law was enacted, United Parcel Service announced it would no longer make consumer tobacco deliveries in Maine because it would have to modify its procedures for one product. The New Hampshire and Massachusetts motor transport associations, and Vermont Truck and Bus Association, whose members include cargo carriers, sued.

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