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Constitutional Law Keyed to Chemerinsky
Lorillard Tobacco Co. v. Reilly
Citation:533 U.S. 525 (2001)
In January 1999, the Attorney General of Massachusetts promulgated regulations governing the sale and advertisement of cigarettes, smokeless tobacco, and cigars to eliminate deception and unfair practices in the market and to prevent access to and use by underage consumers. Congress enacted the Federal Cigarette Labeling and Advertising Act (FCLAA) in 1965 to govern the advertising and promotion of cigarettes. While the preemption provision in the federal Act does not cover smokeless tobacco or cigars, the provision precludes the requirement of any additional statements on cigarette packages beyond those provided in the statute and prevents States or localities from imposing any requirement or prohibition based on smoking and health with respect to advertising and promotion of cigarettes.
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