Massachusetts Attorney General Thomas F. Reilly
Respondent
William W. Porter, Counsel of RecordOn May 1,1998, Massachusetts Attorney General Thomas F. Reilly issued regulations concerning the sale and advertising of a variety of tobacco products with the stated goal of preventing children from getting hooked on tobacco. The rules prohibited any outdoor tobacco advertising within a 1,000-foot radius of any public playground or school. It also limited indoor advertising within the same radius that was either visible from outside or placed at children’s eye level. A number of cigarette manufacturers filed suit against the State on May 21, 1999, alleging that the Massachusetts regulations both were preempted by…