532
Opinion of the Court
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.
for the City of Los Angeles et al. by Mark E. Haddad, James M. Harris, Joseph R. Guerra, and James K. Hahn; for the City of New York et al. by Michael D. Hess, Leonard J. Koerner, Elizabeth Susan Natrella, Richard M. Weinberg, and Sandra R. Gutman; for the American Legacy Foundation by A. Stephen Hut, Jr., John Payton, Patrick J. Carome, and Matthew A. Brill; for the American Medical Association et al. by Donald W. Garner; for the National Center for Tobacco-Free Kids et al. by David Vladeck, Allison M. Zieve, Alan B. Morrison, and Matthew L. Myers; for the National Conference of State Legislatures et al. by Richard Ruda, James I. Crowley, and D. Bruce La Pierre; and for the Tobacco Control Resource Center, Inc., by Richard A. Daynard.
Briefs of amici curiae were filed for the State's Attorney of Dupage County, Illinois, et al. by Richard Hodyl, Jr., Joseph E. Birkett, and Nancy J. Wolfe; and for the American Planning Association by Randal R. Morrison.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007