__NOTOC__ Rowe v. New Hampshire Motor Transport Association, , was a United States Supreme Court case in which the court held that federal law preempts state law that would control the commercial delivery of tobacco and other products harmful to children..
Background
Although a provision of the Federal Aviation Administration Authorization Act of 1994 forbids states to "enact or enforce a law... related to a price, route, or service of any motor carrier." Maine adopted a law which, among other things, (1) specifies that a state-licensed tobacco shipper must use a delivery company that provides a recipient-verification service that confirms the buyer is of legal age, and (2) adds, in prohibiting unlicensed tobacco shipments into the state, that a person is deemed to know that a package contains tobacco if it is marked as originating from a Maine-licensed tobacco retailer or if it is received from someone whose name appears on an official list of unlicensed tobacco retailers distributed to package-delivery companies. In the carrier associations' suit, the federal district court and the First Circuit Court of Appeals agreed with the carrier association that Maine's recipient-verification and deemed-to-know provisions were pre-empted by federal law.
Opinion of the court
The Supreme Court issued an opinion on November 28, 2007.
Subsequent developments
References
External links