Tobacco

Also see: Public Health Law Practice; Federal Preemption

Reports

"A Broken Promise to Our Children: The 1998 State Tobacco Settlement Nine Years Later," was released by the Campaign for Tobacco-Free Kids, American Heart Association, American Lung Association and American Cancer Society Cancer Action Network.

Tobacco Settlement: States' Allocations of Fiscal Year 2003 and Expected Fiscal Year 2004 Payments. GAO-04-518, March 19.

Tobacco Use and Public Health: Federal Efforts to Prevent and Reduce Tobacco Use Among Youth. GAO-04-41, November 21.

Cases

Sovereign immunity blocks attack on Medicaid reimbursement claims for tobacco-related injuries - Lopes v. Commonwealth, 442 Mass. 170, 811 N.E.2d 501 (Mass. 2004) - good discussion of interrelationship of the tobacco settlement and the state's claim for reimbursement from the decedent's estates of Medicaid nursing home patients.

District Courts Upholds Federal RICO Claims Against Tobacco Companies - United States v. Philip Morris USA, Inc., No. 99-2496 (D.D.C. 03/17/2004)

Supreme Court strikes MA tobacco advertising regulations - Lorillard Tobacco Company v. Reilly, 533 U.S. 525, 121 S.Ct. 2404, 150 L.Ed.2d 532 (2001)

The Supreme Court rules that the FDA has no authority to regulate tobacco - FDA v. Brown & Williamson Tobacco Corp., No. 98-1152 (U.S. 03-21-2000)

Supreme Court Rules Cigarette Labeling Act Preempts Some State Tort Law Claims - Cipollone v Liggett Group, Inc. 505 U.S. 504 (US 1992) - Guide - Cipollone v Liggett Group, Inc. 505 U.S. 504 (US 1992)

Court Allows Local Regulation of Tobacco Advertising - Greater New York Metropolitan Food Council, Inc. v. Giuliani, 195 F.3d 100 (2d Cir. 10-25-1999)

Court Bans Local Regulation of Tobacco Advertising - Lindsey v. Tacoma-Pierce County Health Department, 195 F.3d 1065 (9th Cir. 11-19-1999)

Public Health Regulation Trumps Trade Secrets - Corn Products Co. v. Eddy, 249 U.S. 427 (1919)