In its filing, the companies are asking the court to enjoin enforcement of the law and ultimately declare it invalid under state and federal law. The law is scheduled to take effect Jan. 12, 2009.
The Prince George's law is similar to legislation enacted last year by the City of Philadelphia that was struck down on state preemption grounds by Pennsylvania courts.
"We [image-nocss] believe there are other more effective ways of advancing the general policy goals that motivated this law without penalizing adult cigar smokers who frequently purchase single cigars," said Craig Schwartz, general manager of John Middleton Co. "We are prepared to work with legislators at the state level to address these concerns."
John Middleton actively supports the enactment of youth access prevention legislation in Maryland that would impose a statewide requirement that all tobacco products be merchandised in non-self-service locations, except in specialty tobacco retail establishments. The company also supports statewide provisions to encourage retailers to train employees to identify and restrict minors from purchasing tobacco, and to impose penalties against an adult for providing or distributing tobacco products to a minor.
In the lawsuit, filed on Dec. 24, John Middleton joins fellow manufacturers Altadis U.S.A. Inc., Swedish Match North America Inc. and Swisher International, Inc., Maryland distributor Century Distributors Inc., and the Cigar Association of America Inc.
John Middleton Co. is an operating company of Altria Group Inc., Richmond, Va.
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