	Maine's Tobacco Product Shipment and Delivery Laws

In 2003, Maine passed laws that instituted requirements for shipping and delivery sales of tobacco products that attempted to end sales to minors. The Supreme Court Decision

In Rowe v. New Hampshire Motor Transport Association , the Supreme Court held that the two Maine provisions 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 relied on its interpretation of the preemption language at issue in Morales . However, the Morales Court effectively said that preemption may not occur if the state law affects carrier rates, routes, or services "in only a 'tenuous, remote, or peripheral ... Legislation has been introduced in the 110 th Congress, including H.R.
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.