Lorillard Tobacco Company, et al. v. Thomas F. Reilly, Attorney General of Massachusetts, et al. (533 U.S. 525)
U.S. Supreme Court · decided June 28, 2001 · Supreme Court Database (Spaeth)
- Citation
- 533 U.S. 525 · 121 S. Ct. 2404
- Decided
- June 28, 2001
- Term
- October Term 2000
- Vote
- 5–4
- Majority author
- Justice O'Connor
- Issue area
- Federalism
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
- Constitutional ruling
- State/territorial law held unconstitutional
Opinion excerpt
Justice O’Connor delivered the opinion of the Court. In January 1999, the Attorney General of Massachusetts promulgated comprehensive regulations governing the advertising and sale of cigarettes, smokeless tobacco, and cigars. 940 Code of Mass. Regs. §§21.01-21.07, 22.01-22.09 (2000). Petitioners, a group of cigarette, smokeless tobacco, and cigar manufacturers and retailers, filed suit in Federal District Court claiming that the regulations violate federal law and the United States Constitution. In large measure, the District Court determined that the regulations are valid and enforceable. The United States Court of Appeals for the First Circuit affirmed in part and reversed in part, concluding that the regulations are not pre-empted by federal law and do not violate the First Amendment. The first question presented for our review is whether certain cigarette advertising regulations are pre-empted by the Federal Cigarette Labeling and Advertising Act (FCLAA), 79 Stat. 282, as amended, 15 U. S. C. § 1331 et seq. The second question presented is whether certain regulations governing the advertising and sale of tobacco products violate the First Amendment. hH In November 1998, Massachusetts, along with over 40 other States, reached a landmark agreement with major manufacturers in the cigarette industry. The signatory States settled their claims against these companies in…
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