Cipollone v. Liggett Group

Citation

505 U.S. 504 (1992)

Facts

The estate of Rose Cipollone, a long-time smoker who died of lung cancer, sued several cigarette manufacturers for failure to warn and other state-law claims. The manufacturers argued that the Federal Cigarette Labeling and Advertising Act preempted all state claims related to cigarette advertising and promotion.

Issue

Whether the Federal Cigarette Labeling and Advertising Act preempts state common law damages actions by smokers against cigarette manufacturers.

Holding

The Court found partial preemption: the Act preempts some but not all of the plaintiff’s claims, depending on whether the claim would impose an obligation different from the federal requirements.

Rule

Express preemption provisions should be narrowly construed; only claims that impose obligations different from federal requirements are preempted, while claims that are equivalent to federal requirements may proceed.

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