BOARD OF TRUSTEES OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION;
AMERICAN LEGACY FOUNDATION et al., Appellants,
v.
BOYCE, TREASURER, et al., Appellees.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted July 6, 2010.
Decided December 22, 2010.
Attorney(s) appearing for the Case
Zeiger, Tigges & Little, L.L.P., John W. Zeiger , and Stuart G. Parsell , for appellants Robert G. Miller Jr., David W. Weinmann, and American Legacy Foundation.
Mac Murray, Petersen & Shuster and Helen Mac Murray , urging reversal for amici curiae former Attorney General Betty D. Montgomery, former Senate President Richard H. Finan, and former Director of Ohio Department of Health J. Nick Baird, M.D.
James E. Arnold & Associates, L.P.A., James E. Arnold , and R. Gregory Smith , urging reversal for amici curiae Academy of Medicine of Cleveland and Northern Ohio, American Heart Association Great Rivers Affiliate, American Lung Association, American Cancer Society Cancer Action Network, Campaign for Tobacco-Free Kids, Ohio State Medical Association, American Heart Association, American Lung Association of the Midland States, American Cancer Society Ohio Division, Association of Ohio Health Commissioners, Ohio Public Health Association, and American Medical Association.
Law Offices of Russell A. Kelm, Russell A. Kelm , and Joanne W. Detrick , urging reversal for amicus curiae Citizens' Commission to Protect the Truth.
Bricker & Eckler, L.L.P., Anne Marie Sferra , and Daniel C. Gibson , urging affirmance for amici curiae Ohio Dental Association, Ohio Optometric Association, Ohio State Chiropractic Association, and Ohio Association of Community Health Centers.
Richard Cordray , Attorney General, and Jeannine R. Lesperance , Assistant Attorney General, urging affirmance for amici curiae President of the Ohio Senate Bill Harris and Speaker of the Ohio House of Representatives Armond Budish.
Squire, Sanders & Dempsey, L.L.P., Pierre H. Bergeron , and Thomas D. Amrine , urging affirmance for amicus curiae National Conference of State Legislatures.
Peck, Shaffer & Williams, L.L.P., Thomas A. Luebbers , and Erin A. Sutton , urging affirmance for amici curiae County Commissioners Association of Ohio, Ohio Job and Family Service Directors Association, Public Children Services Association of Ohio, and Ohio Child Support Enforcement Agency Directors Association.
Weston Hurd, L.L.P., and Daniel A. Richards , urging affirmance for amicus curiae Voices of Ohio Children.
Supreme Court of Ohio.
PFEIFER, ACTING C.J.
{¶ 1} The issue in this case is whether certain sections of 2008 Am.Sub.S.B. No. 192 ("S.B. 192") and 2008 Sub.H.B. No. 544 ("H.B. 544") are constitutional. We conclude that the sections are constitutional and affirm the judgment of the court of appeals.
Factual and Procedural Background
{¶ 2} In November 1998, the Ohio attorney...
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