TOBACCO CONTROL LAWS

Lorillard Tobacco Co. v. Reilly, Attorney General of Mass.

Tobacco manufacturers and retailers challenged the constitutionality of regulations promulgated by the Massachusetts Attorney General (AG) that restricted the advertising and sale of tobacco products in an effort to eliminate deceptive advertising and to address and prevent tobacco use by minors.  The Court held that the Federal Cigarette Labeling and Advertising Act preempted the regulations pertaining to outdoor and point-of-sale advertising of cigarettes.  The Court further held that the AG's regulations pertaining to outdoor and point-of-sale advertising of smokeless tobacco and cigars violated free speech protections because they were not sufficiently tailored to meet the government's asserted interest.  However, the Court upheld the constitutionality of the AG's restrictions on the placement of tobacco products within retail establishments, finding that these comported with free speech principles.

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Lorillard Tobacco Co., et al. v. Reilly, Attorney General of Massachusetts, et al., 533 U.S. 525, 121 S. Ct. 2404, Supreme Court of the United States (2001).

  • United States
  • Jun 28, 2001
  • Supreme Court of the United States

Parties

Plaintiff

  • Lorillard Tobacco Co.
  • Others

Defendant

  • Others
  • Reilly, Attorney General of Massachusetts

Legislation Cited

Federal Cigarette Labeling and Advertising Act (as amended), 15 USC §§ 1331 - 1341

940 Code of Massachusetts Regulations, Sections 21.01-21.07, 22.01-22.09 (2000)

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
Preemption
The subject matter of the case should be dealt with at a state level or national level.
Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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