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Constitutional Law Keyed to Chemerinsky
Cipollone, Executor of the Estate of Rose D. Cipollone v. Liggett Group, Inc
Facts
The Plaintiff sued the Defendant a cigarette manufacturer for the death of his forty-year smoking mother, Rose. A 1969 federal statute required cigarette packages to contain a warning that the surgeon general has determined that cigarette smoking is dangerous to one’s health and banned cigarette advertising from electronic communication mediums subject to the FCC’s jurisdiction. The statute also contained a preemption provision that stated, “No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising and promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act.” The Supreme Court of the United States (Supreme Court) was presented with the issue of whether the federal statutes preempted the Plaintiff’s state common-law claims.
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