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Background Facts You Need To Know: Viral Clean (Clean) is

May 19, 2022

Background Facts You Need To Know: 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, and it has consulted TLG for advice.

Winnie and Ralph ask you to prepare a summary report of relevant constitutional law for a meeting with them and Clean’s owners.

Instructions

Report You Need to Prepare: Prepare a report that addresses the following three questions:

1. Analyze and explain whether the Delaware restriction on the sale of Shine-It violates the Interstate Commerce Clause.

Fully explain your conclusions based on constitutional law.

2. Analyze whether the doctrine of “police powers” derived from the 10th Amendment of the U.S. Constitution applies to the Delaware law.

Fully explain your conclusions based on constitutional law.

3. Discuss why it is essential for businesses to understand the impact of the Interstate Commerce Clause and state police powers.

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