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Constitutional Law Keyed to Choper
Lorillard Tobacco Co. v. Reilly
Citation:
533 U.S. 525, 121 S.Ct. 2404, 150 L.Ed.2d 532 (2001).Facts
The Attorney General of Massachusetts promulgated comprehensive regulations governing the advertising and sale of tobacco products such as cigarettes, cigars, and smokeless tobacco. Lorillard Tobacco Co. (Lorillard) and others in the tobacco industry challenged the regulations, arguing that the Massachusetts regulations were preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA), per the Supremacy Clause. The regulations at issue include a ban on tobacco ads and sales of tobacco within 1,000 feet of schools and playgrounds. Lorillard argued that this was an infringement on its First Amendment rights and that the regulation was more extensive than necessary.
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