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MGL c.64C Cigarette Excise. Regulates pricing, taxation and other aspects of cigarette sales.
MGL c.148, s.60 Prohibits the use of novelty lighters.
MGL c.270, s.6 Tobacco: Sale or Gift to Minors.
MGL c.270, s. 22 Smoking in Public Places
105 CMR 661 Regulations Implementing MGL c.270 s.22. Provides detailed requirements for allowing smoking in membership associations and outdoor spaces.
501 CMR 14 Fire-Safe Cigarettes
830 CMR 270.1.1 Provisions Concerning the Issuance of a Smoking Bar Permit.
940 CMR 21 Sales And Distribution Of Cigarettes, Smokeless Tobacco Products, and Electronic Smoking Devices In Massachusetts
940 CMR 22 Sales and Distribution of Cigars in Massachusetts
15 USC 1335 Television and Radio Advertising.
American Lithuanian Naturalization Club Athol Mass. v. Board of Health of Athol, 446 Mass. 310 (2006)
A local board of health has "the authority to promulgate a regulation that prohibits smoking at all times in the premises of membership associations, sometimes referred to as private clubs."
Donovan v. Philip Morris, 455 Mass. 215 (2009)
Plaintiffs have a claim for "medical monitoring based on subclinical effects of exposure to cigarette smoke and an increased risk of lung cancer" if they prove "(1) The defendant's negligence (2) caused (3) the plaintiff to become exposed to a hazardous substance that produced, at least, subcellular changes that substantially increased the risk of serious disease, illness, or injury (4) for which an effective medical test for reliable early detection exists, (5) and early detection, combined with prompt and effective treatment, will significantly decrease the risk of death or the severity of the disease, illness or injury, and (6) such diagnostic medical examinations are reasonably (and periodically) necessary, conformably with the standard of care, and (7) the present value of the reasonable cost of such tests and care."
Haglund v. Philip Morris, 446 Mass. 741 (2006)
In determining whether a cigarette manufacturer may "assert as an affirmative defense that the decedent smoker's use of cigarettes was "unreasonable,"" court held "Because no cigarette can be safely used for its ordinary purpose, smoking, there can be no non-unreasonable use of cigarettes. Thus the Correia defense, which serves to deter unreasonable use of products in a dangerous and defective state, will, in the usual course, be inapplicable."
Labor and Employment Law in Massachusetts, Lexis, loose-leaf. Chapter 3, Section 3-8[b] and 3-11.
What to Do About Personnel Problems in Massachusetts, BLR, loose-leaf. See Smoking-National and Smoking-Massachusetts.