Rose Cipollone began smoking at the age of 16 and eventually died from lung cancer caused by her smoking habit. Rose Cipollone’s son brought suit against Liggett and other cigarette manufacturers for violation of several New Jersey consumer protection statutes, alleging that the tobacco companies were liable for his mother’s death because the companies engaged in false advertising, fraudulently misrepresented the hazards of smoking, and were involved in a conspiracy to deprive the public of medical and scientific information about smoking. Liggett urged the court to dismiss the state law claims, contending that the claims relating to the manufacturer’s advertising and promotional activities were preempted by two federal laws: (1) the Federal Cigarette Labeling and Advertising Act of 1965 and (2) the Public Health Cigarette Smoking Act of 1969.

CASE QUESTIONS

1. What must be shown for a federal law to preempt state law?

2. Why would Congress want to preempt state laws regarding the advertising and promotion of tobacco products?  Do you agree with its decision to do so? Why or why not?