Philip Morris v. Reilly

This is a challenge by tobacco companies alleging that a Massachusetts statute was unconstitutional when it required tobacco companies to disclose for each brand the identity of each added ingredient. The lower court held that the statute violated the Fifth and Fourteenth amendments of the United States Constitution by effecting an uncompensated taking, violating the Due Process Clause and the Commerce Clause.  The First Circuit reversed on the basis that there was no less burdensome alternative and the disclosure will put consumers in a better position to know if their brand contains harmful additives, and to assess the health risks involved. 

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Phillip Morris et. al. v Reilly et. al, 267 F.3d 45 (2001)

  • United States
  • Oct 16, 2001
  • UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

Parties

Plaintiff

  • Brown & Williamson Tobacco Corp.
  • Lorillard Tobacco Company
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Company

Defendant

  • HOWARD K. KOH, MASSACHUSETTS COMMISSIONER OF PUBLIC HEALTH
  • THOMAS F. REILLY, ATTORNEY GENERAL OF THE COMMONWEALTH OF MASSACHUSETTS

Legislation Cited

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

The Massachusetts Tobacco Ingredients and Nicotine Yield Act ("Disclosure Act" or Mass. Gen. Laws. CH. 94 Sec 307B (2000). )

The United States Constitution

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None