In a 2-1 decision, the court found that the law "is a valid exercise of the police power" to protect public health. "In short, disclosure under the Disclosure Act will put consumers in a better position to know if their brand contains harmful additives, and to assess the health risks involved," the court said.

The federal appeals court ruling reverses a decision by a federal judge who found the law unconstitutional because it would force companies to reveal their trade secrets.

"Very little is known about the health effects of tobacco additives that can make a harmful product even more harmful," said Attorney General Tom Reilly. "For the first time, a public-health department may study these additives and inform the public what risks these ingredients pose to smokers. This decision is a big public-health victory."

Passed in 1996, the disclosure law requires tobacco companies to submit lists and amounts of the substances added to cigarettes, snuff, and chewing tobacco to the Massachusetts Department of Public Health. The lists would be kept confidential unless the health department deemed that the ingredients posed a public-health risk.

The law was never enforced because Philip Morris Inc., R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp., Lorillard Tobacco Co., and U.S. Tobacco Co. filed a lawsuit in 1997.

Companies refusing to comply with the law would be prohibited from doing business in Massachusetts.

The tobacco companies are considering an appeal. "We're concerned this Massachusetts statute really puts us in a position requiring us to unfairly reveal competitively sensitive brand recipe information," said Philip Morris spokesman Mike Pfeil.

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