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PHILIP MORRIS INC. v. HARSHBARGER

Civil Action No. 96-11599-GAO.

957 F.Supp. 327 (1997)

PHILIP MORRIS INCORPORATED; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; and Lorillard Tobacco Company, Plaintiffs, v. L. Scott HARSHBARGER, Attorney General of the Commonwealth of Massachusetts; and David H. Mulligan, Massachusetts Commissioner of Public Health, Defendants.

United States District Court, D. Massachusetts.

March 10, 1997.

Attorney(s) appearing for the Case

Thomas J. Griffin, Jr., Goodwin, Procter & Hoar, Boston, MA, for Philip Morris Inc.

John H. Henn, Foley, Hoag & Eliot, Boston, MA, for R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp., Lorillard Tobacco Co.

Thomas A. Barnico, Rebecca P. McIntyre, Rosalyn Garbose, Atty. General's Office, Boston, MA, for L. Scott Harshbarger, David H. Mulligan.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

The plaintiffs, four manufacturers of cigarettes, brought this suit to enjoin the defendants from enforcing Massachusetts' recently enacted tobacco ingredient and nicotine yield reporting law. Mass. Gen. L. ch. 94, § 307B ("Section 307B").1 In Count I of their complaint, the cigarette manufacturers allege that Section 307B is preempted by the Federal Cigarette Labeling...

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