Supreme Court Rules No Preemption in Cigarette Case
Yesterday the Supreme Court issued another opinion addressing the issue of preemption, Altria Group v. Good. . I have previously written on this subject several times, most recently here, here and here. The issue in Good was whether cigarette companies could be sued under state law for deceptive advertising of "light cigarettes". The tobacco companies argued that federal regulations on labeling of cigarettes block state court action and if they followed the federal regulations on labels, a state products liability suit could not be pursued. 
The Supreme Court ruled that the state court products liability claim could be pursued and that the federal law did not preempt or block the state court suit. This is a great ruling for consumers and the Court reiterated its previously holding that there is a presumption AGAINST preemption of state law unless it is unambiguously stated in the federal statute. This potentially could bode well for the anticipated ruling in Wyeth v. Levine which I previously discussed here and which the Supreme Court should be ruling on in the next couple months.
For a overall discussion of this ruling, see Pharmalot's discussion of the Court's ruling and how it may effect cases brought by plaintiff's injured by drugs for which proper warnings have not been provided. Also, the Wall Street Journal Law Blog has a good Q and A with its Supreme Court Reporter addressing what the Court ruled and what it may mean for future products liability litigation. Let's hope this bodes well for the upcoming ruling to be issued on the Wyeth v. Levine case. It is so important the Court not limit claimants access to the courts when they have been wronged.
