Ward v. State of New York

In Ward v. State of New York (291 F Supp 2d 188 [WD NY 2003]), Judge Skretny considered whether the FAAAA preempted a state law barring the shipping of cigarettes directly to consumers. "The FAAAA's preemption provision was designed to override state economic regulation of interstate carriers. In the present case, the Statute is manifestly not an attempt by the State to impose economic regulations on carriers. Rather, the Statute is designed to combat 'the pernicious effects of cigarette smoking' by reducing adult consumption and restricting minors' access to cigarettes. Indeed, the Statute is not even limited to carriers. It also restricts the ability of 'any other person' to knowingly transport cigarettes. In this regard, the Statute is like numerous other New York State laws that prohibit the knowing transportation and distribution of regulated items. These types of laws and regulations 'relate to' the business of carriers, but are not preempted by the FAAAA because Congress intended 'to leave the states' residual control over safety and other local concerns intact.' " (Ward, 291 F Supp 2d at 209-210).