CIPOLLONE v. LIGGETT GROUP

Print this Page
Case Basics
Docket No. 
90-1038
Petitioner 
Cipollone
Respondent 
Liggett Group
Advocates
(Argued the cause for the petitioner)
(Reargued the cause for the petitioner)
(Argued the cause for the respondents)
Tags
Term:
Facts of the Case 

Rose Cipollone died at 58 from lung cancer. She smoked for 42 years. Before her death, she and her husband sued several cigarette manufacturers in federal court for damages resulting from Mrs. Cipollone lung cancer. A trial court judgment of $400,000 was reserved in the U.S. Court of Appeals. The Cipollone family appealed to the U.S. Supreme Court.

Question 

Do federally mandated cigarette warnings pre-empt the Cipollones' common law claims against cigarette manufacturers?

Conclusion 
Decision: 7 votes for Cipollone, 2 vote(s) against
Legal provision: 15 U.S.C. 1331

In a complicated 7-to-2 decision, the Court held that federally mandated warnings do not bar smokers from suing manufacturers under state personal- injury laws. The justices ruled that such suits cannot be based on claims that cigarette advertising failed to warn smokers of smoking dangers. But the justices also ruled that individuals may press claims alleging that the tobacco companies made fraudulent or inaccurate statements in their advertising or that the companies conspired to mislead people about the health hazards of smoking.

Cite this Page
CIPOLLONE v. LIGGETT GROUP. The Oyez Project at IIT Chicago-Kent College of Law. 05 April 2014. <http://www.oyez.org/cases/1990-1999/1991/1991_90_1038>.
CIPOLLONE v. LIGGETT GROUP, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1990-1999/1991/1991_90_1038 (last visited April 5, 2014).
"CIPOLLONE v. LIGGETT GROUP," The Oyez Project at IIT Chicago-Kent College of Law, accessed April 5, 2014, http://www.oyez.org/cases/1990-1999/1991/1991_90_1038.