Bourjois, Inc. v. Chapman
Headline: Maine’s cosmetics registration law upheld, allowing the State to require registration and modest fees for cosmetics sold or applied in Maine, affecting out-of-state makers and local shops that sell or apply products.
Holding: The Court upheld Maine’s cosmetics registration law, finding it valid as a health regulation that may require registration and modest fees for cosmetics sold or applied within the State.
- Requires cosmetics sold or applied in Maine to be registered and pay modest fees.
- Out-of-state manufacturers must comply to keep Maine customers.
- Local shops must ensure products are registered before sale or use.
Summary
Background
A New York cosmetics maker sued Maine officials to block a 1935 Maine law that requires cosmetics to be registered with the State before they are sold, given away, or used in beauty or barber shops in Maine. The company makes its products in New York, has no business location in Maine, ships into Maine from New York, did not apply for registration, and announced it would refuse to register because it said the law was unconstitutional. A three-judge federal court denied temporary relief and dismissed the suit, and the company appealed to this Court.
Reasoning
The Court asked whether Maine may regulate cosmetics sold or used inside the State without unlawfully interfering with out-of-state commerce or denying due process. The Court held the law targets intrastate sales and does not discriminate against out-of-state makers, so Maine may require registration and reasonable fees. The Court found the 50-cent registration fee not unreasonable on its face and that the statute gives an appeal to state court if registration is denied, satisfying due process concerns. Seizure and forfeiture provisions were not decided for the plaintiff because the company had no goods in Maine to be seized.
Real world impact
The decision lets Maine enforce its cosmetics registration and fee rules, meaning manufacturers and in-state sellers who want to do business in Maine must comply. Out-of-state manufacturers selling through Maine customers will need to register or rely on their customers to hold registered stock; individuals whose goods are seized would have to seek relief themselves in state court.
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