Altadis U.S.A., Inc. v. Prince George's County
65 A.3d 118
Md.2013Background
- Maryland Prince George’s County enacted CB-47-2008 and CB-6-2009 regulating cigars’ packaging/sale.
- Plaintiffs Altadis U.S.A., Inc. and Plescia group argued state law preempts local regulation.
- Ordinances ban unpackaged cigars with specific exemptions (prices, retailers’ revenue mix, intra-county distribution).
- Ordinances aimed to curb products used with illegal drugs; county testimony linked to reduced tobacco use.
- Circuit Court granted summary judgment for county; this Court reviews implied preemption in field of tobacco regulation.
- Title 16.5 of the Business Regulation Article comprehensively regulates other tobacco products, including cigars, preempting the ordinances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does state law preempt the field of tobacco regulation? | Altadis argues implied preemption by occupation. | County contends local control permissible. | State law occupies the field; preempts the ordinances. |
| Is preemption by conflict or express preemption reached? | Altadis asserts preemption by conflict. | County argues broader preemption not necessary. | Court does not address other theories; relied on implied preemption. |
| Do earlier preemption cases support preemption here? | Altadis relies on Allied Vending, etc. | County emphasizes ongoing state regulation. | Yes, state regulation comprehensively occupies field. |
Key Cases Cited
- Allied Vending v. Bowie, 332 Md. 279 (Md. 1993) (comprehensive state regulation implies field preemption for cigarette vending)
- City of Baltimore v. Sitnick & Firey, 254 Md. 303 (Md. 1969) (occupancy of field may preempt local regulation)
- Talbot County v. Skipper, 329 Md. 481 (Md. 1993) (state comprehensive legislation preempts local sewage sludge regulation)
- Montgomery Ass’n, 274 Md. 52 (Md. 1975) (extensive state election regulation preempts local election laws)
- Allied Vending v. Bowie, 332 Md. 279 (Md. 1993) (state licensing scheme for tobacco products shows occupation of field)
