C.I.C. Corp. v. Township of East Brunswick

In C.I.C. Corp. v. Township of East Brunswick, 266 N.J. Super. 1, 628 A.2d 753 (App.Div.), aff'd, 135 N.J. 121, 638 A.2d 812 (1993), the Township of East Brunswick, concerned for the health of its minor residents affected by early smoking, enacted an ordinance in July, 1990 banning such machines. The plaintiffs, owners and operators of cigarette vending machines, challenged the legality of the ordinance on the ground of preemption and equal protection. The trial judge concluded that the ordinance was preempted by the Cigarette Tax Act, N.J.S.A. 54:40A-1 to -45, and the Unfair Cigarette Sales Act, N.J.S.A. 56:7-18 to -38. The Appellate Division reversed. Importantly, in C.I.C., the Appellate Division recognized that both the Cigarette Tax Act and the Unfair Cigarette Sales Act were enacted to raise revenues and control the abuses arising from non-licensed sale of cigarettes, such as smuggling. C.I.C., 266 N.J. Super. at 9, 628 A.2d 753.