Philip Morris, Inc, v. Reilly

312 F.3d 24 (1st Cir. 2002)

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Nature of the Case

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Facts

Ps are various manufacturers of cigarettes and smokeless tobacco products. They all currently sell their products in Massachusetts and are potentially subject to the requirements of the Disclosure Act. The Disclosure Act requires Ps to submit to Massachusetts the ingredient lists for all cigarettes, snuffs, and chewing tobaccos sold in the state. Ps treat these ingredient lists as trade secrets, and either do not disclose brand-specific information at all or do not disclose it without some guarantee of confidentiality. Ps sued D claiming that the Massachusetts statute, which allows the public disclosure of these ingredient lists whenever such disclosure 'could reduce risks to public health,' creates an unconstitutional taking. Ps argue that the statute violates their Due Process rights by effecting a taking of their property without first providing a meaningful opportunity to be heard. The district court agreed and granted summary judgment in favor of Ps. D appealed.