The case involves a lawsuit by tobacco manufacturers and retailers against Massachusetts' Attorney General for regulations governing the advertising and sale of tobacco products. The Court of Appeals upheld the District Court's ruling that the Attorney General's cigarette advertising regulations are not preempted by federal law, but the Supreme Court disagreed. However, states can still regulate conduct related to the sale or use of cigarettes, including prohibiting cigarette sales to minors. The Supreme Court evaluated the First Amendment challenges to the State's outdoor and point-of-sale advertising regulations for smokeless tobacco and cigars separately and upheld the constitutionality of Massachusetts' sales practices provisions but found some of its outdoor and point-of-sale advertising regulations unconstitutional.
Lorillard Tobacco Co. v. Reilly (2001)
Supreme Court of the United States
533 U.S. 525, 150 L. Ed. 2d 532, 121 S. Ct. 2404, 2001 U.S. LEXIS 4911, SCDB 2000-084
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