Question
Viral Clean (Clean) is incorporated and located in Maryland, but it engages in business in all Mid-Atlantic states. Clean uses its line of disinfectant and
Viral Clean (Clean) is incorporated and located in Maryland, but it engages in business in all Mid-Atlantic states. Clean uses its line of disinfectant and cleaning products, and it also sells its products to other companies via the internet.
Recently, the Delaware legislature enacted a law banning all sales and importation, until further notice, of Clean's Shine-It surface cleaner in Delaware, The Delaware Attorney General's Office investigated consumer complaints. It discovered that one of the ingredients in Shine-It is contaminated and causes a quick-growing mold to spread on surfaces to which it is applied. The mold can be toxic to humans and can cause damage to surfaces.
Clean wants to continue selling Shine-It in Delaware. If Clean can sell Shine-It in Delaware, it will increase its income and profits. Clean, therefore, intends to challenge the new law as unconstitutional.
1. Explain whether the Delaware restriction on the sale of Shine-It violates the Interstate Commerce Clause.
2. Analyze whether the doctrine of "police powers" derived from the 10th Amendment of the U.S. Constitution applies to the Delaware law.
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