Does federal law supersede state law when it comes to tobacco age restrictions?
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Does federal law supersede state law when it comes to tobacco age restrictions?
I own a ECIG shop in HI. We have been open for 5 years and have never received a fine for selling products to under aged persons. Last year, the state governor signed a law that raised the smoking and vaping age to 21.
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day a worker was fined for selling a tobacco product to a minor a person who was 18. The worker checked an ID; the worker is disabled has only one eye he mistook the birth date on the ID to be 1991 when in fact the birth date was 1999. It was a tobacco sing and the worker was fined for selling to a person under 21. If federal law supersedes state law, can I choose to fight this citation in a federal court?
Asked on April 28, 2018 under Business Law, Hawaii
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Federal law preempts (supersedes) state law because of the preemption clause (Article VI of the Constitution). The case can be removed / transferred from state court to federal court. The case will be heard in the federal court in the judicial district where you reside / your store is located.
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