This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Paul Stern, on behalf of the Petitioner, the petition asks whether the Federal Alcoholic Beverage Advertising Act (FAAA) preempts two Maine statutes that ensure tobacco shipped into the State of Maine does not end up in the hands of children.
Background and question before the Court
According to Paul Stern, on behalf of the Petitioner, the petition asks whether the FAAA Act preempts two Maine statutes that ensure tobacco shipped into the State of Maine does not end up in the hands of children.
What each side argues
Petitioner (Maine Attorney General)
According to Paul Stern, on behalf of the Petitioner, Congress has left to the States the responsibility to address the public‑health problem of youth access to tobacco, and the question is whether the FAAA Act preempts Maine’s laws that regulate tobacco shipment.
According to Petitioner, UPS’s computer system tracks shippers’ addresses, consignee information, and commodity codes, including tobacco, which the Court can review in the joint appendix (pages 100‑102).
Respondent (New Hampshire Motor Transport Association)
According to Ms. BRINKMANN, requiring carriers to obtain a license to deliver tobacco would impose a $2 per‑package research cost, amounting to roughly $32 million annually for the 16 million packages shipped to Maine each year.
What happened at oral argument
What the Court decided
Why it matters
According to Paul Stern, on behalf of the Petitioner, the case addresses whether federal law preempts state efforts to curb youth tobacco use, a significant public‑health concern.
The United States amicus brief argues that Maine’s licensing scheme is saved from preemption because it serves a health purpose and directly regulates the shipper rather than the carrier.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 973207237437a23490a0-r1-0b77c85f77a9015c.pdforal argument transcript
Guide generated September 22, 2026. Automated validation accepted this version.