Court Rules Against Mandated Disclosure for Tobacco Firms December 4, 2002
News Summary
The First Circuit U.S. Court of Appeals ruled against a Massachusetts law requiring tobacco companies to disclose the ingredients of every cigarette brand they manufacture, the Boston Globe reported Dec. 4.The federal appeals court determined that the Massachusetts Disclosure Act violated the constitutional prohibition against unlawful seizure of property by forcing tobacco companies to reveal trade secrets.
"The Disclosure Act essentially destroys the tobacco companies' trade secrets," Judge Juan R. Torruella wrote in the lead opinion. "I simply am not convinced that the Disclosure Act really helps to promote public health."
The same day the disclosure law was signed in 1996, a group of tobacco companies filed a lawsuit against the measure. "Obviously we're pleased with the decision, because it protects the company's proprietary interest," said Mike Pfeil, vice president for communications at Philip Morris.
Ann Donlan, a spokeswoman for Massachusetts Attorney General Thomas F. Reilly, said an appeal to the U.S. Supreme Court is being considered.
"We're disappointed that the court struck down this important public-health measure," said Donlan.
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