A group of cigarette distributors and sellers has sued New York state in an attempt to overturn a law banning Internet, telephone and mail order tobacco sales, according to wire service reports.
The suit by the Association of Responsible Cigarette Sellers, filed in state Supreme Court in Erie County, contends the 2000 state law violates the U.S. Constitution’s commerce clause.
David McNamara, the group’s lawyer, said his case was bolstered by last year’s U.S. Supreme Court ruling striking down laws in New York and Michigan that banned wine shipments from out-of-state producers. The Constitution prohibits states from passing laws that discriminate against out-of-state businesses.
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