Health warnings, smoking, and cancer - the Cipollone case

Article Abstract:

The only plaintiffs in product-liability lawsuits against tobacco companies who have been awarded damages are the family of Rose Cipollone in Cipollone v. Liggett Group. Rose Cipollone started smoking cigarettes in 1942. After developing lung cancer in 1982, she and her husband Antonio filed a lawsuit against several tobacco companies for damages. A jury awarded Antonio $400,000 in damages in 1988 despite the ruling that Rose Cipollone was 80% at fault for her illness. The jury based the award on the fact that the Liggett Group failed its obligation to warn against the health hazards of smoking before 1966. After 1966, tobacco companies were required by federal law to warn consumers about the health hazards of smoking. The jury's decision was reversed by an appeals court, and the case went to the Supreme Court. The Supreme Court decided that individuals with smoking-associated illnesses can sue tobacco companies despite the warnings on cigarette packages.

Cases, Smoking, Cipollone, Rose D.

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Cowboys, camels, and the First Amendment - the FDA's restrictions on tobacco advertising

Article Abstract:

The Food and Drug Administration's (FDA's) proposal to restrict tobacco advertising is open to challenge as a violation of first amendment rights. The intent is to reduce the number of teenage smokers, a laudable goal. However, based on previous case law, the courts could demand that given the drastic nature of the restrictions, the FDA must demonstrate that no other strategy would work as well. The FDA argues it need only demonstrate that advertising affects tobacco use among youths. Whatever the outcome, restrictions on advertising are likely to lead to years of litigation.

Advertising, Smoking and youth, Youth smoking, Cigarettes

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Tobacco, the Food and Drug Administration, and Congress

Article Abstract:

Two lawyers believe a new federal agency should be created to regulate tobacco products. In 2000, the US Supreme Court ruled that Congress had not given the FDA jurisdiction to regulate tobacco products.

United States

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