If a teenager in Maine wants to buy a pack of cigarettes in a
store, the teen is required to prove he or she is at least 18 years
old. No proof of age, no cigarettes. That's the law.
But what if an underage teen logs onto the Internet and orders
several cartons of cigarettes for home delivery?
That's the scenario Maine's Tobacco Delivery Law was designed to
prevent. The law requires the shipping company's delivery driver to
verify that the individual who ordered and is receiving the
cigarettes is, in fact, 18 or older.
From a public-health perspective, Maine's Tobacco Delivery Law is
exemplary. But shipping companies are complaining that the 2003
statute is an illegal restraint on interstate commerce.
The issue arrives Wednesday at the US Supreme Court, where the
justices must decide whether Maine's effort to regulate tobacco
sales on the Internet is preempted by a federal law that bars
individual states from interfering in the operations of interstate
shipping and transport companies.
The case, Rowe v. New Hampshire Motor Transport Association, is
seen by the business community as an important test of federal power
to insulate national businesses from a burdensome patchwork of state
"Without a doubt, states may prohibit tobacco sales to minors and
punish retailers who violate the prohibition," says Washington
lawyer Evan Tager in a friend of the court brief filed on behalf of
the American Trucking Association and the US Chamber of Commerce.
"What they may not do, however, is regulate [motor] carriers'
services and distribution procedures on a varying state-by-state
basis in an effort to conscript them into the policing and
enforcement of such laws."
At least 39 states restrict the sale of tobacco over the Internet
as a means of keeping cigarettes away from minors. Some states ban
Internet cigarette sales entirely, while others, like Maine, have
tried to confine Internet tobacco sales to adults.
The challenge is sorting the minors from the adults. "If the
person is not walking into a store, how do you do age verification?"
asks Kathleen Dachille of the Baltimore-based Legal Resource Center
for Tobacco Regulation, Litigation & Advocacy.
Shipping companies say that requiring their drivers to conduct
age verification for each tobacco package is onerous and will stall
the quick delivery of all packages.
The companies are capable of conducting age verification, says
Ms. Dachille, who filed a friend of the court brief on behalf of
several antismoking groups. "When I am sending something by FedEx
there are a whole host of things I can ask them to do. …