Tobacco Master Settlement Agreement Complementary Act

Grand River Six Nations Enterprises Ltd. v. Boughton Cert Petition

August 30, 2021January 7, 2022Matthew L.M. Fletcher

Here:

Questions presented:

1. Whether Connecticut impermissibly regulates or controls conduct beyond the boundaries of the State in violation of the dormant Commerce Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors doing no business in Connecticut and having no nexus with Connecticut.

2. Whether Connecticut violates Due Process protections when it bans a manufacturer’s products from being sold in the state, if the manufacturer fails to obtain and provide to Connecticut private sales and shipping information possessed by non-Connecticut distributors relating to their distribution of products in jurisdictions other than Connecticut.

3. Whether Connecticut violates the Supremacy Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors who conduct no business in Connecticut nor distribute the manufacturer’s products to, or in, Connecticut.

Lower court materials here.

Update:

Boughton BIO

Second Circuit Rejects Six Nations GRE Challenge to Connecticut’s Tobacco Statute

February 9, 2021Matthew L.M. Fletcher

Here are the materials in Grand River Six Nations Enterprises Ltd. v. Boughton:

CA2 Opinion

Six Nations Grand River Enterprises Brief

Connecticut Brief

Idaho Supreme Court Rejects Indian Challenge to Tobacco Master Settlement Agreement

January 17, 2010Matthew L.M. Fletcher1 Comment

Here is the opinion in State of Idaho ex rel. Wasden v. Maybee.

An excerpt:

Scott B. Maybee challenges the district court’s grant of summary judgment in favor of the State of Idaho. Maybee argues that Idaho’s Tobacco Master Settlement Agreement Complementary Act (Complementary Act) is inapplicable to his conduct, as the Complementary Act was not intended to regulate unstamped cigarettes sold in interstate commerce. Maybee also contends that the Complementary Act is preempted as it applies to him, under both the Interstate Commerce Clause and the Indian Commerce Clause of the U.S. Constitution, as Maybee is a Native American, living and conducting business upon a reservation located in the state of New York. Maybee argues that the tobacco permit requirement of Idaho’s Prevention of Minors’ Access to Tobacco Act (MAA) is likewise preempted by the Indian Commerce Clause.