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Philip Morris, Inc. v. Reilly

Massachusetts Disclosure Act, requiring tobacco manufacturers to provide detailed report of confidential brand constituents for potential public disclosure, is valid exercise of police power and does not effect unconstitutional taking; similarly, because no less burdensome alternative can carry out Commonwealth's public health goal as effectively, Disclosure Act does not violate Dormant Commerce Clause.

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. George A. O'Toole, Jr., U.S. District Judge]

We must decide the Constitutional validity of a Massachusetts statute requiring tobacco companies marketing their products in the Commonwealth to disclose for each brand the identity of each added ingredient in order of weight, measure or count–information the companies treat as trade secrets. The district court held the statute to violate the Fifth and Fourteenth Amendments by effecting an uncompensated taking, the Due Process Clause, and the Commerce Clause, and entered a permanent injunction. We have jurisdiction over this appeal and reverse.

I. FACTUAL BACKGROUND

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