Austin v. Tennessee
Headline: State law banning sale of small, packaged cigarettes upheld, allowing Tennessee to bar tiny retail cigarette boxes brought from other states while treating tobacco generally as lawful interstate commerce.
Holding: The Court affirmed, holding that while tobacco products are legitimate interstate commerce, the tiny ten‑cigarette boxes were not original packages in commercial practice, so Tennessee could bar their sale.
- Lets states ban sales of small retail cigarette boxes brought from other states.
- Affirms that federal tax or packing rules do not shield sellers from state health laws.
- Limits original‑package protection when packaging suggests evasion of state laws.
Summary
Background
A Tennessee merchant bought sealed ten‑cigarette boxes from a large manufacturer in North Carolina and sold one box in his Tennessee shop. Tennessee had a law making it a crime to bring in or sell cigarettes for sale. The state courts convicted the seller, and the question reached the Supreme Court about whether that law unlawfully interfered with commerce between the States.
Reasoning
The key question was whether those small paper boxes were “original packages” protected from state interference. The Court said Congress has treated tobacco as lawful interstate commerce, so tobacco generally is protected. But the Court also held that the tiny ten‑cigarette boxes, shipped in an open basket and clearly intended for immediate retail sale, were not original packages in the commercial sense. The majority concluded the shipment looked like a scheme to evade Tennessee’s health law, and a bona fide state health regulation could bar such sales without impermissibly burdening interstate commerce.
Real world impact
The ruling lets states enforce health or morals laws against retail sales of small packaged cigarettes brought from other States when the packaging and shipment show an intent to evade local rules. It also makes clear that federal tax or labeling rules do not automatically protect a seller from state penalties. Congress, however, can still enact nationwide rules if it chooses; this decision affirms state authority unless Congress provides otherwise.
Dissents or concurrances
Several Justices disagreed. The dissent warned that allowing states to defeat interstate sales based on package size risks undermining Congress’s exclusive commerce power and urged clearer, nationwide rules rather than a size‑based exception.
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