Lorillard v. Reilly

Lorillard v. Reilly

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Lorillard Tobacco Company v. Thomas F. Reilly, Attorney General of Massachusetts

This case raised the question of whether states may regulate tobacco advertising strictly. Massachusetts imposed a fairly broad regulation limiting outdoor tobacco advertising, and the tobacco industry challenged the regulation on two grounds. First, industry claims that the federal cigarette labeling law forbids any state regulation. The theory behind this argument is that when Congress mandated certain warnings for cigarettes, it simultaneously divested states of their historic power to impose public health regulation in this area. Industry also argued that the First Amendment bars states (and presumably the federal government as well) from imposing virtually any restraint on advertising.  Our brief examined why the Court should reject industry's arguments.  Unfortunately, the Court ruled against Massuchusetts.