Massachusetts Regulations on Cigarette Advertising Are Preempted by the Federal Cigarette Labeling and Advertising Act and Massachusetts Regulations on Cigar and Smokeless Tobacco Advertising Fail the Central Hudson Test for Commercial Speech and Violate the First Amendment: Lorillard Tobacco Co. v. Reilly

Authors

Angela M. Sheffler

Abstract

The United States Supreme Court held that Massachusetts regulations regarding point-of-sale and outside cigarette advertising were preempted by the FCLAA. The majority also held that Massachusetts regulations regarding point-of-sale and outside cigar and smokeless tobacco advertising failed the Central Hudson four-part test for commercial speech because the regulations were too broad to be constitutional. However, the Court held that the Massachusetts regulations regarding sale of tobacco products passed the Central Hudson test because of the substantial interest of Massachusetts that was promoted and the regulations were narrow enough to be constitutional.

Lorillard Tobacco Co. v. Reilly, 121 S. Ct. 2404 (2001)

First Page

717

Recommended Citation

Angela M. Sheffler, Massachusetts Regulations on Cigarette Advertising Are Preempted by the Federal Cigarette Labeling and Advertising Act and Massachusetts Regulations on Cigar and Smokeless Tobacco Advertising Fail the Central Hudson Test for Commercial Speech and Violate the First Amendment: Lorillard Tobacco Co. v. Reilly, 40 Duq. L. Rev. 717 (2002).
Available at: https://dsc.duq.edu/dlr/vol40/iss4/7