Professor Alberto Bernabe -
The John Marshall Law School
Monday, December 15, 2008
Supreme Court rules federal cigarette labeling law does not preempt claims for deceptive marketing of "light" cigarettes.
In a surprising ruling for the plaintifs, the Supreme Court (5-4) has ruled that smokers may use state consumer protection laws to sue cigarette makers for the way they promote "light" and "low tar" brands. Law.com has reports here and here. The Court's opinion is available here.