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.
Do federally mandated cigarette warnings pre-empt the Cipollones' common law claims against cigarette manufacturers?
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.
Decisions
Decision: 7 votes for Cipollone, 2 vote(s) against Legal provision: 15 U.S.C. 1331
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Full Opinion by Justice John Paul Stevens
