Hermes, Netburn, O'Connor & Spearing,P.C.

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Reported Decisions

Consolidated Cigar Corp. v. Reilly, 218 F.3d 30 (1st Cir. 2000)

Consolidated Cigar Corp. v. Reilly, 218 F.3d 30 (1st Cir. 2000)

Litigation challenging regulations promulgated by the Massachusetts Attorney General governing the advertising and sale of various tobacco products.  Issues before the United States District Court, and on appeal, included whether the Massachusetts regulations were preempted by federal labeling and advertising legislation and whether the Massachusetts regulations violated the First and Fourteenth Amendments to the United States Constitution and unconstitutionally burdened interstate commerce.  On certiorari, the Supreme Court held that federal law preempted the Massachusetts regulations.