The majority opinion authored by Justice Stevens faithfully adhered to the intent of Congress when it enacted the Labeling Act in the 1960s and to the Supreme Court’s 1992 ruling in Cipollone v. Liggett Group, Inc., which held that the plaintiff’s common-law fraud claim was not pre-empted by the Labeling Act. 

Edward L. Sweda, Jr., Senior Attorney for the Tobacco Products Liability Project at Northeastern University School of Law and attended the oral arguments, noted that, "Today’s opinion gives the green light to the victims of the tobacco industry’s 'light' cigarette scam to have their case heard before a jury of their peers.  It is a victory for consumers who were deliberately deceived by an industry that came within one vote today of getting an absolute shield of immunity for decades of wrongdoing.  Today’s 5-4 decision is a resounding victory for the principle that corporate wrongdoers should be held accountable for their actions."

Mark Gottlieb, Director of the Tobacco Products Liability Project added, "Had the Court reversed its ruling in Cipollone, it would have meant that when Congress passed its amended warning labeling requirement for cigarettes in 1969, it was essentially licensing the tobacco industry to commit consumer fraud. It is somewhat disconcerting that 4 justices would find that to have been the implied legislative intent of Congress 39 years ago."

Download the Opinion here

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