Concerned about the health risks associated with smoking, an…
Concerned about the health risks associated with smoking, and the attendant costs to the state providing care to smokers, Connecticut has taken the extraordinary step of prohibiting the sale of all tobacco products in the state. Connecticut has a tiny cigar industry but otherwise produces no tobacco products. Out-of-state tobacco companies sue, claiming the law violates the Dormant Commerce Clause Doctrine (DCCD). They note that, as a result of the law, they potentially stand to lose “millions” of dollars in revenue each year from tobacco sales. The state argues that it spends $1.2 million per year on “tobacco-caused” health care. Other costs include losses in productivity and absenteeism caused by smoking and smoking-related illnesses, which the state estimates at $1.5 million per year. What should a reviewing court do?