Says Claims Cannot Withstand First Amendment Scrutiny; Federal Preemption Also Prevents Claims, Judge Says
Jump to full article: Business Wire, 2002-09-13
Author: Source: Philip Morris U.S.A.
Intro: -A California judge intends to dismiss a state-wide class-action case alleging that cigarette advertising misled minors and caused them to smoke. The judge ruled that the case sought to restrict factually accurate advertising and constitutionally protected speech.
The telephonic ruling by Superior Court Judge Ronald S. Prager was issued late Thursday. Under court rules, the plaintiffs have an opportunity to request a hearing before the decision becomes final on Sept. 30.
"Plaintiffs have presented no evidence of any tobacco advertisements that expressly or directly encourage the purchase of tobacco by minors or the sale of tobacco to minors by retailers." Judge Prager said in his ruling. He added that, "as a matter of law, (the companies') challenged speech does not relate to an unlawful activity and is not deceptive."
In a separate order, Judge Prager ruled that the plaintiffs' claims also must be dismissed because they are preempted by the Federal Cigarette Labeling and Advertising Act.
According to Judge Prager's opinion, federal law reserves unto Congress and the Federal Trade Commission the authority to regulate cigarette advertising. . .
Similar lawsuits are pending in other jurisdictions, including Illinois, Massachusetts and Washington, D.C.
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