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Legislation and Regulation Keyed to Manning, 5th Ed.
Cipollone v. Liggett Group, Inc.
Citation:
505 U.S. 504 (1992)Facts
Rose Cipollone began smoking in 1942 and developed lung cancer, dying in 1984. Her son, as executor of her estate, maintained a lawsuit against cigarette manufacturers alleging they were responsible for her death. The complaint included claims based on strict liability, negligence, express warranty, and intentional tort. Specifically, the claims alleged that the cigarettes were defectively designed, that the manufacturers failed to provide adequate warnings about health consequences, that they expressly warranted their products did not present significant health risks, that they fraudulently misrepresented health hazards through advertising, and that they conspired to deprive the public of medical information. The defendants argued that federal cigarette labeling laws enacted in 1965 and 1969 protected them from liability for their post-1965 conduct. After complex litigation involving multiple appeals, the Supreme Court addressed whether and to what extent these federal laws preempted the state common-law claims.
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