Monday, December 15, 2008

Supreme Court Allows Cigarette Case Disputing Marketing

You mean breathing smoke into my lungs is bad?
"Tobacco companies suffered a defeat in the Supreme Court on Monday when the justices ruled , 5-4, that the companies can be sued by smokers who contend they were deceived by advertisements promoting “light” cigarettes."

To win their suit, the decision emphasized, the complaining smokers [from Maine] still have to prove that the companies’ “use of ‘light’ and ‘lowered tar’ descriptors in fact violated the state deceptive practices statute.”
Guess who was for and against?

Justice John Paul Stevens wrote the majority decision, which was joined by Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

And the Dark Side? Justice Clarence Thomas wrote a dissent joined by Chief Justice John G. Roberts Jr. and Justices Antonin Scalia and Samuel A. Alito Jr.

The liberal Judges are pushing for State's rights. The Conservatives are arguing the State laws are “expressly pre-empted” by the federal labeling act.

Seems to be the ol' flip flop here. But big money is involved so it makes sense for the conservatives to flush their values down the toilet.

Will this end smoking? No. Will lawyers be paid? Yes. Just make them $50 a pack and end the charade.

Source: NYT

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