In re Tobacco Cases II
- Case Date: 9/14/2005
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On August 2, 2007, the California Supreme Court upheld the dismissal of tort claims filed against tobacco companies for having run truthful advertising that allegedly overglamorized smoking. The decision was a victory for WLF, which had filed a brief urging that the tort claims be dismissed. WLF argued that such claims are barred both by the First Amendment and by federal law -- regardless of the plaintiffs' claim that glamorous advertisements induce minors to buy cigarettes in violation of California law. The court agreed with WLF that the Federal Cigarette Labeling and Advertising Act, adopted by Congress in 1969, imposes significant federal oversight of cigarette advertising, and that Congress made clear that it did not want additional regulations in the form of state-law tort suits. The court noted that its decision still leaves significant regulatory authority in place: the Federal Trade Commission closely monitors cigarette advertising, as do State regulators.
More Information and Downloads:
9/14/2005: Download the Brief
Press Release: Court Bars Tort Claims Aimed Against Truthful Advertising