American Journal of Law & Medicine

Tobacco litigation: manufacturers required to disclose ingredients under state disclosure law - Philip Morris, Inc. v. Reilly.

Tobacco Litigation: Manufacturers Required to Disclose Ingredients Under State Disclosure Law--Philip Morris, Inc. v. Reilly (1) --The U.S. Court of Appeals for the First Circuit held that the Massachusetts Tobacco Ingredients and Nicotine Yield Act (Disclosure Act) (2) did not effect a taking of trade secrets or violate the Dormant Commerce Clause. (3) The Massachusetts legislature passed the Disclosure Act in 1996 with "the purpose of protecting the public health." (4) The Disclosure Act requires manufacturers of tobacco products to submit an annual report to the Department of Public Health (DPH). For every brand of products sold within Massachusetts, the report must include a list of the identity and quantity of all ingredients, along with the standardized nicotine intake ratings. (5)

Under the Disclosure Act, the DPH shall make the ingredients public record if disclosure of the information could reduce risks to public health and if the Massachusetts Attorney General determines that release of the information will not constitute a taking of trade secrets. …

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