Court Hands Down Cigarette Advertising Ruling

0 Comments Published by Kedar S. Bhatia December 15th, 2008 in Constitutional Law, Supreme Court

The Supreme Court handed down an opinion today in Altria Group v. Good (opinion here) which will likely open the door for state-level suits against false advertising by cigarette companies.

Justice Stevens penned the majority opinion and was joined by Justices Kennedy, Souter, Ginsburg, and Breyer. Justice Thomas filed a dissenting opinion that was joined by the Chief Justice and Justices Scalia and Alito.

In a 5-4 decision, the Supreme Court struck down the cigarette-makers’ claim that federal labeling laws preempted state-level action against the content of those labels. See more of our analysis on the cases here and here.

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