First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Calif. high court revives lawsuit against tobacco industry

By The Associated Press
05.20.09

SAN FRANCISCO — The California Supreme Court has revived a class-action lawsuit against the tobacco industry alleging its advertisements misled consumers into believing some cigarettes were less harmful than others.

The 4-3 decision In re Tobacco II cases, reverses two lower court rulings that barred the consumer lawsuit because of the 2004 passage of Proposition 64. The voter-approved initiative says only consumers claiming they lost money or property can file such class actions.

In its May 18 ruling, the high court said the proposition was intended to bar frivolous lawsuits, not to stop those seeking legitimate consumer protections. It ordered a trial court judge to reconsider the case.

The majority opinion was written by Justice Carlos Moreno, among the candidates to replace retiring U.S. Supreme Court Justice David Souter.


Related

Tobacco co. claims selling cigarettes is free-speech right

Philip Morris is challenging San Francisco's ban on sale of tobacco products at stand-alone pharmacies. 09.27.08

Justices allow lawsuits over 'light' cigarettes

In 5-4 split, high court rules smokers may use state consumer-protection laws to sue cigarette tobacco industry for way it promotes 'light' and 'low tar' brands. 12.15.08

Tobacco ads

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Monday, February 8, 2010 | 16:30:08
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links