Cipollone v. Liggett Group, Inc.
As stated in the case from our assigned readings, Cipollone filed suit against Liggett, including other cigarette producers, whom he believed were in violation of various consumer protection laws. He claimed his mothers’ death was the direct result of these companies misrepresenting their product in the state of New Jersey through the use of fabricated advertising, deceptive information regarding smoking hazards, and collusion to forego medical and scientific information with respect to the dangers of smoking. For these reasons, he believed they were at fault. Liggett argued that two federal laws superseded New Jersey law (Melvin, 2011.)
This case of Cipollone v. Liggett Group, Inc., is an excellent example of how preemption is used. In our Constitution, according to “The Supremacy Clause and Federal Preemption” (n.d.), “Constitution and the laws of the United States...shall be the supreme law of the land...anything in the constitutions or laws of any State to the
References: Laws of government. (2008). Retrieved from http://www.qualityoflaws.com/democracy/laws-of-government.aspx Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice.. New York, NY: McGraw-Hill/Irwin. The supremacy clause and federal preemption . (n.d.). Retrieved from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/preemption.htm