Cipollone v. Liggett Group, Inc.

File:SGR History.webm Cipollone v. Liggett Group, Inc. was a landmark United States Supreme Court case that addressed the issue of preemption in the context of tobacco litigation. The case was decided on June 24, 1992, and is reported at 505 U.S. 504 (1992).

Background

The case was brought by Rose Cipollone, who had started smoking in the 1940s and later developed lung cancer. Cipollone sued several tobacco companies, including the Liggett Group, alleging that they were liable for her illness due to negligence, breach of warranty, and fraudulent misrepresentation.

Legal Issues

The primary legal issue in Cipollone v. Liggett Group, Inc. was whether the Federal Cigarette Labeling and Advertising Act of 1965 and its subsequent amendments preempted state law claims against tobacco companies. The Act required specific health warnings on cigarette packages and restricted the ability of states to impose additional regulations.

Supreme Court Decision

The Supreme Court delivered a fragmented decision, with no single opinion commanding a majority. The Court held that certain state law claims were preempted by the federal statute, while others were not. Specifically, the Court found that claims based on failure to warn and fraudulent misrepresentation were preempted, but claims based on express warranty, intentional fraud, and conspiracy were not.

Impact

The decision in Cipollone v. Liggett Group, Inc. had significant implications for future tobacco litigation and the doctrine of preemption. It clarified the extent to which federal law can limit state law claims, particularly in the context of regulated industries.

See Also

• Preemption (law)
• Federal Cigarette Labeling and Advertising Act
• Tobacco litigation
• United States Supreme Court cases

External Links

Cipollone v. Liggett Group, Inc.
Supreme Court of the United States
Full case name	Cipollone v. Liggett Group, Inc.