Contemporary Business Law

Initial facts of the Cipollone case: Family sues Liggett in 1983, alleging liability for Rose Cipollone’s death, in violation of several New Jersey consumer protection statutes. After Mr. and Mrs Cipollone’s death, their son and executor of the family estate claimed Liggett was guilty of failing to warn consumers about the hazards of smoking, fraudulently misrepresenting the hazards of smoking, and conspiracy to deprive the public of medical and scientific information about smoking.
Liggett (the defendants), contends that the New Jersey statutes are preempted by 2 federal laws; the Federal Cigarette Labeling and Advertising Act of 1965 and the Public Health Cigarette Smoking Act of 1969.
Procedural history of the case: On August 1, 1983, Mr. and Mrs. Cipollone file a lawsuit against Ligget group (L&M, Chesterfield, Philip Morris, Lorillard, Virginia Slims, and Parliament), in the district courts of New Jersey, seeking suffering and monetary damages resulting from the lung cancer Mrs. Rose Cipollone's acquired, consequential to smoking cigarettes manufactured by the defendants (Ligget). After Mrs. Cipollone’s death in 1984, Mr. Cipollone became the executor of her estate and sole plaintiff in 1985. Mr. Cipollone died in 1990. His son Thomas then substituted in the role of executor of estate and plaintiff against Liggett for Mrs. Cipollone. (Tobacco Documents Online, 2014).
Preemption, according to our textbook, The Legal Environment of Business: A Managerial Approach: Theory to Practice, indirect infringement, “the power granted by the supremacy clause to override a state law is called preemption.” (p.32) In this case, I believe the courts doctrines of preemption are referenced as the Federal Cigarette Labeling and Advertising Act of 1965 and the Public Health Cigarette Smoking Act of 1969. These two laws are federal and preempt