New York Ban on Cigarette Sales Over the Internet Upheld

The United States Court of Appeal for the 2nd Circuit has reversed a lower court's finding that laws prohibiting the sale of cigarettes over the Internet are unconstitutional under the U.S. Constitution. In August of 2000, a section of New York's Public Health Law entitled "Unlawful Shipment or Transport of Cigarettes" was signed into law. However, the enforcement of this law was blocked by the District Court for the Southern District of New York under the Commerce Clause of the U.S. Constitution. The Court of Appeal, in reversing the decision of the District Court, held that the Statute does not discriminate against interstate commerce. In particular, the Court of Appeal held that to the extent that "the Statute burdens interstate commerce, that burden is significantly outweighed by the Statute's punitive local benefits and therefore does not violate the Commerce Clause. For a copy of this decision, visit: http://makeashorterlink.com/?G57862493