Jump to full article: New York Times, 2008-01-19
Author: LINDA GREENHOUSE
Intro: The Supreme Court’s already substantial investment in defining the boundary between federal regulation and state tort law grew even bigger on Friday. The justices added two new cases to their docket on drug and cigarette labeling requirements.
In each case, as in four others the court has already agreed to decide in the current term, the question is one of federal pre-emption. The cases offer variations of a common question: if a product meets federal standards, can the manufacturer be liable for damages under state law for injuries suffered by consumers?
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The proliferation of pre-emption cases on the court’s docket in part reflects the considerable turmoil in the lower courts over the complex issues involved. It also reflects a concerted effort by the business community to push for federal pre-emption as a shield against state courts.
The United States Chamber of Commerce filed a vigorously worded brief in the cigarette case that the court accepted Friday, emphasizing for the justices the “jurisprudential gulf” that separates various lower court rulings on whether federally approved or required product labels should be given pre-emptive effect against state tort liability.
Referring to the lower court’s ruling in the cigarette case, the chamber’s brief said that “if allowed to stand, the First Circuit’s approach would Balkanize cigarette labeling, advertising, and promotion into a state-by-state endeavor,” adding that “it is difficult to imagine a more powerful blow to the interest of nationwide uniformity and consistency.”
The plaintiffs’ brief to the court emphasized the factual allegations of their case: that Philip Morris knew from its own research that based on actual smoking habits, smokers received the same tar and nicotine from “light” cigarettes as from regular brands, but that the company kept this from the F.T.C.
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