25 mai 2009
Smokers lawsuit against tobacco companies
The California Supreme Court ruled against the people who smoke last year, saying a federal law on tobacco products advertising and the companies’ First Amendment rights to commercial speech allowed the marketing campaigns.
The federal legislation confirms the authority of the Federal Trade Commission to control deceptive or unfair practices in cigarette advertising.
The smokers sued under a California law that bars unjust competition. The competition is alleged to be unfair in this case because competing tobacco companies that respected state law acted at a disadvantage.
Urging the Supreme Court to turn down the case, the tobacco companies said the federal legislation pre-empted any state law ban on cigarette ads if the ban was based on health and smoking.
In January, the court decided another tobacco case, where smokers in the northeastern state of Maine are suing tobacco companies for alleged deceptive advertising of «light» cigarettes.
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