On June 18, 2008, the Tobacco Control Legal Consortium, a program of William Mitchell’s Tobacco Law Center, filed an amicus brief in the U.S. Supreme Court in the significant “light” cigarette advertising case, Altria v. Good (07-562). The outcome of this case is likely to determine whether consumers can sue the tobacco industry under state law for fraudulent misrepresentation and deceptive marketing of “light” cigarettes or whether federal law prohibits such lawsuits. Under the Federal Cigarette Labeling and Advertising Act, states cannot impose requirements or prohibitions “based on smoking and health” on the advertising or promotion of cigarettes. The issue in Good is whether this Act shields cigarette companies from fraud claims under state law.
Our brief was written by David Vladeck, a seasoned appellate advocate and professor at Georgetown University Law Center. In the brief, we argue that, based on the Supreme Court’s seminal 1992 decision in Cipollone v. Liggett Group, there is no merit to the argument that the Labeling Act preempts Philip Morris from liability for representing that Marlboro Lights are lower in tar and nicotine than standard cigarettes and for using the “Lights” descriptor in its advertising. Our brief points out that finding federal preemption in this case would “insulate cigarette manufacturers from rules governing fraud, no matter how egregious the manufacturers’ false statements or fraudulent concealment” and seriously undermine the ability of states to enforce their own consumer protection and anti-fraud statutes. The stakes in this case are extremely high, since the fate of more than 30 similar “light” cigarette lawsuits against tobacco companies such as Philip Morris and R.J. Reynolds may depend on the court’s ruling.
The Legal Consortium’s brief was joined by the American Association of Retired Persons and Public Justice, and supplements amicus briefs submitted on behalf of the respondents by many leading medical and public health organizations.
The Supreme Court heard the case on Monday, October 6.
» Read the Altria v. Good amicus brief PDF, 178 Kb
» Read transcripts from this case PDF, 123 Kb
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