The Preemptive Effect Of The Federal Cigarette Labeling Act On State Common Law Tort Claims: Cipollone v. Liggett Group, Inc., 112 S. Ct. 2608 (1992)
Brown, Muriel C.
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Analyzes the Supreme Court’s case Cipollone v. Liggett Group, Inc., where an alleged victim sued three cigarette manufacturers and asserted that smoking cigarettes sold by these companies caused her to develop lung cancer. The cigarette companies asserted the preemption clauses of the Federal Cigarette Labeling and Advertising Act ("1965 Act") and its successor the Public Health Cigarette Smoking Act of 1969 ("1969 Act") as an affirmative defense to liability for all causes of action. The Supreme Court affirmed the lower court opinion in part and reversed in part. In a majority opinion written by Justice Stevens and joined by six other justices, the Court held that the 1965 Act did not preempt any common law claims against tobacco manufacturers. With regard to the 1969 Act, however, Justice Stevens, joined by only three other justices, wrote for a plurality of the Court and concluded that the 1969 Act did preempt certain common law claims.