Categories · Lawsuits
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USA, by State · New Jersey
Lawsuits · Cipollone
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Jump to full article: Oyez Project, 1991-10-08
Intro: Question
Do federally mandated cigarette warnings pre-empt the Cipollones' common law claims against cigarette manufacturers?
Conclusion
In a complicated 7-to-2 decision, the Court held that federally mandated warnings do not bar smokers from suing manufacturers under state personal-injury laws. The justices ruled that such suits cannot be based on claims that cigarette advertising failed to warn smokers of smoking dangers. But the justices also ruled that individuals may press claims alleging that the tobacco companies made fraudulent or inaccurate statements in their advertising or that the companies conspired to mislead people about the health hazards of smoking.
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