Lawsuits

National

Challenge to Maine tobacco law will be heard
The United States Supreme Court will hear a lawsuit filed against the state of Maine that calls into question the state’s 2003 law regulating internet cigarette sales. This law requires internet tobacco retailers to utilize transportation companies that ensure that packages containing tobacco are not delivered to minors. The lawsuit, filed by a number of motor transport associations, contends that the state law is pre-empted by a federal statute regarding the free flow of interstate commerce. The Supreme Court is likely to hear the lawsuit in December. To read more, click here.

Maine: Court brushes aside state appeal for full tobacco settlement
The Maine Supreme Judicial Court has rejected an appeal that asked tobacco companies to pay in full the $50 million Maine was granted in the Master Settlement Agreement (MSA). The appeal was filed by Attorney General Steve Rowe last year after Maine received only $44.5 million. The tobacco companies are able to withhold the money due to a provision in the MSA that stipulates that the amount of money owed by tobacco companies is dependent in part on market share. Click here to read more.

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International

Canada: Curbs on tobacco ads upheld
The Canadian Supreme Court has ruled that restrictions on tobacco advertising designed to prevent Canadians from starting to smoke are legal under the Charter of Rights. Three major tobacco companies, including Imperial Tobacco Canada Ltd., contested the federal restrictions – which include lifestyle advertising, corporate sponsorships and placement of large health warning on cigarette packages – arguing that they hindered the tobacco industry’s freedom of expression rights. The Supreme Court found that the restrictions generally did violate the industry’s freedom of expression, but only minimally. Moreover, the Court justified the restrictions given the nature of the government’s goals in enacting them. Public health advocates are hoping that the ruling leads to approval of a total ban on tobacco advertising. To read more, click here. To view the Campaign for Tobacco-Free Kids’ response written by President Matthew L. Myers, click here.

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