Bourjois, Inc. v. Chapman

Background

A New York cosmetics manufacturer sued Maine officials to stop a 1935 Maine law that, beginning January 1, 1936, required cosmetics sold or applied inside Maine to be registered with the State. The company makes its products in New York, has no Maine office, and ships to Maine customers from New York. Some Maine buyers gave orders in Maine to the company’s traveling salesmen, but orders were not binding until approved in New York. The company refused to register its products and challenged the law in federal court. A three-judge trial court denied an early injunction and ultimately dismissed the suit; the company appealed to the Supreme Court.

Reasoning

The Court considered whether Maine’s registration law unlawfully interfered with interstate trade or violated due process or equal protection. It held that the statute targets only sales and uses inside Maine (intrastate commerce) and applies equally to in-state and out-of-state products, so it does not unlawfully discriminate against interstate commerce. The Court found the 50-cent registration fee not clearly excessive on its face, that the department’s authority to approve or refuse certificates is a permissible public-health power, and that procedures for review (appeal to the state superior court) satisfied due process. Because the manufacturer keeps no goods in Maine, the Court also said the company could not press claims about seizure or forfeiture that would affect others’ goods.

Real world impact

The decision lets Maine enforce its cosmetic-registration rules against products sold or used inside the state. Out-of-state makers who want to keep Maine customers will need to comply with registration and fee requirements, or risk being shut out of the Maine market. The ruling affirmed the State’s authority to regulate for public health while narrowing who can challenge seizure claims in federal court.