Rowe v. New Hampshire Motor Transport Association: Federal Preemption of State Tobacco Shipment Laws (CRS Report for Congress)
| Release Date |
Aug. 14, 2008 |
| Report Number |
RS22938 |
| Report Type |
Report |
| Authors |
Vanessa K. Burrows, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Maine adopted two laws regarding shipping and delivery sales of tobacco products that were aimed at preventing minors from acquiring tobacco products. In Rowe v. New Hampshire Motor Transport Association, the Supreme Court held that the two Maine laws were preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). That law prohibited states from "enact[ing] or enforc[ing] a law ... related to a price, route, or service of any motor carrier ... with respect to the transportation of property." In finding that Maine's mail-order tobacco product delivery laws were preempted, the Court noted that federal preemption would occur if state laws had a "significant impact" on carrier rates, routes, or services and if the connection with motor carrier services is not "tenuous, remote, or peripheral." Legislation related to federal regulation of tobacco products, including shipment and delivery, has been introduced in the 110th Congress: H.R. 1108, H.R. 4081, S. 625, S. 1027.
