Benton on Rowe v. New Hampshire Motor Transportation Association
In Rowe v. New Hampshire Motor Transportation Association, the United States Supreme Court determined that the Federal Aviation Administration Authorization Act of 1994 preempts a Maine statute on tobacco deliveries. Eric R. Benton outlines the Court’s reasoning in this rare transportation related opinion and discusses the opinion’s effects on the motor carrier industry. Mr. Benton writes:
The state of Maine enacted Maine Tobacco Delivery Law (“MTDL”) to restrict the sale of tobacco products over the internet. The law required shippers of tobacco products to use a carrier that provided a service whereby the recipient’s age and identity would be verified. In addition, the law required that persons were deemed to know the contents of the packages they received if marked as originating from a licensed tobacco retailer or if the shipper’s name appeared on an official list of un-licensed tobacco retailers.
. . . .
On certiorari to the United States Supreme Court . . . the Court unanimously found that MTDL was preempted by federal law. In reaching its decision, the Court followed the history of the ADA and the deregulation of the airline industry to the 1980 Motor Carrier Act’s deregulation of interstate trucking. The Court found that the FAAAA was a continuation of Congress’ authority in the deregulation of state truck regulation.
. . . .
Other states have passed legislation similar to Maine’s law regulating the delivery of tobacco products and that legislation has not been held to be preempted. Some states even require the use of a delivery service that will confirm the addressee’s age and deliver only to an adult. These statutes would seem to be in jeopardy given the Court’s decision.
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