Justices Let Cigarette Suit Shield Stand
The Supreme Court today let stand a ruling that shields cigarette makers from any legal liability for allegedly failing to warn adequately about the dangers of smoking.
The justices, without comment, refused to review a federal appeals court ruling that such legal claims are preempted by federal law.
The court thus steered clear of a still-pending lawsuit against three cigarette manufacturers by a Little Ferry, N.J., woman who died of lung cancer.
Rose Cipollone smoked for 40 years before quitting in 1982, after her right lung was removed. She died in 1984, but her husband, Antonio, continued her 1983 products liability lawsuit.
The lawsuit names as defendants Liggett Group Inc., Philip Morris Inc. and Loew’s Theatres Inc., which owns Lorillard.
Hazards, Warnings Cited
The suit alleged, among other things, that the three manufacturers are liable for Rose Cipollone’s death because they failed to warn adequately about the health hazards of cigarette use and because they undermined the effectiveness of health warnings later required by federal law.
The Federal Cigarette Labeling and Advertising Act requires all cigarette packages and cigarette advertising to contain health warnings.
One section of the act states, “No requirement or prohibition based on smoking and health shall be imposed under state law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this chapter.”
The three cigarette makers sued by Rose Cipollone said that section of the law preempted her claim of inadequate warning.
Ruling Reversed in April
U.S. District Judge H. Lee Sarokin ruled that the federal law does not preempt such claims, but the U.S. 3rd Circuit Court of Appeals last April 7 reversed his ruling.
In other action today, the court:
--Let stand a California rule prohibiting lawyer advertisements that contain testimonials or client endorsements. The justices, without comment, refused to hear arguments that the ban violates free-speech rights.
--Said it will decide whether private citizens and environmental groups may sue industrial polluters for past violations of the federal Clean Water Act.
--Agreed to examine what evidence coal miners must produce to support claims for black lung disease disability benefits.
--Agreed to decide whether defense contractors may be forced to pay damages for on-duty accidents involving members of the military.
