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Consolidated Cigar Corp. v. Reilly

Massachusetts regulations restricting sale, promotion, and labeling of tobacco products were not preempted by federal law and did not violate First Amendment; however, "warning" portion of regulatory scheme violated Commerce Clause by restricting advertising in national magazines distributed in Commonwealth, and by imposing liability for packaging violations even where non-conforming products entered Commonwealth via third party.

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TORRUELLA, Chief Judge.

Before the Court is a challenge to regulations promulgated by the AttorneyGeneral of Massachusetts which restrict the sale, promotion, and labeling of tobacco products in aneffort to reduce the use of such products by minors. Three groups of tobacco companies [FOOTNOTE 1] have sued theAttorney General, claiming that the Massachusetts regulations are partially preempted by federal law,that the regulations violate their First Amendment right to free speech, and that the regulationsviolate the Commerce Clause of the Constitution. After due consideration of the arguments pressed by allparties and by amici curiae, and with full appreciation of the importance of the public health issueunderlying this case, we conclude (1) that the regulations are not preempted by federal law, (2) thatthe regulations do not violate the First Amendment, and (3) that parts of the regulationsunconstitutionally burden interstate commerce. Accordingly, we affirm in part and reverse in part thedecision of the district court.

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