Tobacco Product Regulation: Massachusetts and Beyond

Massachusetts passed a law in 1996 requiring, among other things, that cigarette, snuff and chewing tobacco manufacturers report on non-tobacco additives in their products. The manufacturers attacked this provision in federal court on a number of grounds, and were successful in striking it on the basis that it was a “regulatory taking” of their trade secrets. Stricter confidentiality provisions in the law might have led to a different result. Other provisions of the law requiring disclosure of nicotine yield, ventilation, and the weight and Ph of the tobacco contents were not struck down and have yielded data highly relevant to public health concerns. A separate Massachusetts regulation requires retailers to display at point of purchase an 8”x6” sticker discouraging smoking. This requirement could be expanded to include e.g. pictorial warnings at point of purchase. Other steps states could take, unless and until preempted by federal law, include disclosure of other design features, measurement and disclosure of emissions of various chemicals, and a ban on menthol cigarettes. This talk will describe Massachusetts' approach to tobacco products regulation, and discuss how other states can do even better.