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PHILIP MORRIS, INC. v. REILLY

Nos. 00-2425, 00-2449.

312 F.3d 24 (2002)

PHILIP MORRIS, INCORPORATED, et al., Plaintiffs, Appellees, v. Thomas F. REILLY, Attorney General of Massachusetts, et al., Defendants, Appellants. United States Tobacco Company, et al., Plaintiffs, Appellees, v. Thomas F. Reilly, Attorney General of Massachusetts, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 2, 2002.

Attorney(s) appearing for the Case

William W. Porter, Assistant Attorney General, with whom Thomas A. Barnico, Assistant Attorney General, and Thomas F. Reilly, Attorney General, were on brief for appellants.

Douglas N. Letter, Appellate Litigation Counsel, Civil Division, Department of Justice, for amicus United States.

Henry C. Dinger, P.C., with whom Goodwin Procter LLP, John H. Henn, Foley, Hoag & Eliot LLP, John Connarton, Connarton, Wood & Callahan, Richard M. Zielinski, Hill & Barlow, Clausen Ely, Jr., Patricia A. Barald, and Covington & Burling, were on brief for appellees Philip Morris, Inc., et al.

John L. Oberdorfer, with whom Patton Boggs LLP, A. Hugh Scott, Choate, Hall & Stewart, Peter J. McKenna, Eric S. Sarner, and Skadden, Arps, Slate, Meagher & Flom LLP, were on brief for appellees United States Tobacco Company, et al.

Before TORRUELLA, SELYA and LIPEZ, Circuit Judges.

EN BANC OPINION

TORRUELLA, Circuit Judge.

Unquestionably, tobacco is subject to heavy regulation by federal and state governments. This case concerns one attempt, by Massachusetts, to further regulate tobacco products by requiring tobacco companies to submit to Massachusetts the ingredient lists for all cigarettes, snuffs, and chewing tobaccos sold in the state. For each brand, the manufacturer must list, by relative amount, all ingredients besides tobacco...

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