Attorney

In re Tobacco Cases II, 41 Cal. 4th 1257 (Cal. 2007) considered the issue of whether the Federal Cigarette Labeling Act (15 USCS § 1331 et seq.) preempted plaintiffs' Cal Bus & Prof Code § 17200 unfair competition lawsuit against certain cigarette manufacturers. Overruling Mangini v. R.J. Reynolds Tobacco Co., 7 Cal. 4th 1057 (Cal. 1994), the California Supreme Court held that the Cigarette Labeling Act did indeed preempt the action. However, the Court also noted that California's Unfair Competition Law, Cal Bus & Prof Code § 17200 et seq., is not entirely preempted by federal law and remains viable. This commentary, written by LexisNexis attorney author Robert C. Clifford, examines the scope of the Court's decision.