State ex rel. Wasden v. Maybee

Summary

The Idaho Supreme Court affirmed summary judgment against Scott B. Maybee, an out-of-state internet tobacco seller, for violating Idaho's Tobacco Master Settlement Agreement Complementary Act and Prevention of Minors' Access to Tobacco Act. The court held that the Complementary Act applies to interstate delivery sales made to Idaho consumers and that the sales occurred in Idaho for purposes of the statute. It rejected Maybee's claims that the statutes were preempted by the Interstate Commerce Clause or Indian Commerce Clause.

Holdings

1. The Complementary Act applies to both intrastate and interstate sellers of noncompliant cigarettes to Idaho consumers.
2. The Complementary Act regulates cigarettes as defined by the Master Settlement Agreement Act, not merely tax-stamped units sold.
3. The Idaho Uniform Commercial Code is irrelevant to determining where Maybee's cigarette sales occurred for purposes of the Complementary Act; the sales occurred in Idaho.
4. The Complementary Act is not preempted by the dormant Interstate Commerce Clause as applied to Maybee.
5. The Complementary Act and the Prevention of Minors' Access to Tobacco Act are not preempted by the Indian Commerce Clause as applied to Maybee.
6. The State, as the prevailing party, is entitled to attorney fees and costs on appeal under Idaho Code section 39-8407(5).

Questions Presented

1. Whether Idaho's Tobacco Master Settlement Agreement Complementary Act applies to interstate delivery sellers and prohibits Maybee's sales of noncompliant cigarettes to Idaho consumers.
2. Whether the Idaho Uniform Commercial Code determines the situs of Maybee's cigarette sales for purposes of the Complementary Act.
3. Whether the Complementary Act is preempted by the dormant Interstate Commerce Clause.
4. Whether the Complementary Act and the Prevention of Minors' Access to Tobacco Act are preempted by the Indian Commerce Clause as applied to Maybee.
5. Whether the State is entitled to attorney fees on appeal under Idaho Code section 39-8407(5).

Disposition

affirmed