Boston, May 8: Massachusetts argued Thursday that a federal judge should allow its law requiring tobacco companies to disclose all ingredients by brand to go into effect immediately.But lawyers for Philip Morris Co Inc, RJ Reynolds Tobacco Co, Brown and Williamson Tobacco Corp, Lorillard Tobacco and other tobacco companies wanted the state law declared unconstitutional and struck down.
Tobacco companies are under pressure around the globe to disclose cigarette ingredients. Just last month, Thailand forced the multinational firms to reveal the ingredients of their products to the ministry of public health. The companies complied only after Thailand held several brands at the country's ports barring their entry.
The Massachusetts law, which was to have gone into effect last July, requires brand-specific information with ingredients listed by "weight, measure or numerical count" to be filed with the state's department of public health.
Under the law, the health department could then make theinformation available to the public.
The companies argue that their ingredients are trade secrets and Massachusetts law makes no provision for compensating them for what tobacco lawyer Henry Dinger called an "an illegal taking of property." "Here, there is no compensation at all. Here it is just a loss," Dinger argued before US District Judge George O'Toole. But Asst Massachusetts Attorney General William Porter argued the tobacco industry wanted Judge O'Toole to rule that, "It's unconstitutional for the Commonwealth to protect the health of its citizens."
O'Toole did not rule on the issues, but earlier in the day at a Massachusetts state court another judge handed down a ruling that was a setback for tobacco.
The industry had sought to interview, or depose, thousands of Medicaid recipients who suffer from smoking-related illnesses, but Middlesex County Superior Court Judge Martha Sosman ruled they could not citing privacy issues.
However, the judge ruled against Massachusetts as well. TheCommonwealth, which is suing the companies to recover the health costs associated with smoking, had sought to have the industry surrender internal documents. Sosman denied that motion.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.