Opinion of the Court
Massachusetts Cannot Regulate Tobacco Advertisements
In January 1999, pursuant to his authority to prevent un- fair or deceptive practices in trade, the Massachusetts attorney general promulgated regulations governing the sale and advertisement of cigarettes, smokeless tobacco, and cigars. The purpose of the cigarette and smokeless tobacco regulations is to eliminate deception and unfairness in the way cigarettes and smokeless tobacco products are marketed, sold, and distributed in Massachusetts in order to address the incidence of cigarette smoking and smokeless tobacco use by children under legal age and prevent access to such products by underage consumers. Federal Law Preemption Before reaching the First Amendment issues, we…
