Stay Informed

Sign up for news & alerts

Already signed up?
Login here
What Can I Do?


Get Help
Need alcohol or drug help for yourself or someone else? GET HELP
Resources
Resources
Find useful publications, online documents & more.


DrugScreening.org


 

Tobacco Case Can't Be Moved, High Court Rules
June 12, 2007

Email
Email
Print
Print
SubscribeSubscribe
News Summary

A tobacco company's claim that it was a de-facto agent of the federal government because it is regulated by the Federal Trade Commission (FTC) has been rejected by the U.S. Supreme Court.

The Associated Press reported June 11 that the high court ruled against Philip Morris' bid to move a smoking liability case from state to federal court. The tobacco firm had argued that because the company is subject to FTC regulations it should be considered as acting under a federal officer and therefore shielded from state courts.

"A highly regulated firm cannot find a statutory basis for removal" from state to federal courts, wrote to Justice Stephen Breyer, who added that FTC's role regarding cigarettes "sounds to us like regulation, not delegation."

The Arkansas case in question pits a group of ex-smokers against Philip Morris; the plaintiffs argue that the company's marketing of light cigarettes violated the Arkansas Deceptive Trade Practices Act.

Companies often seek to move cases into federal courts, which are perceived as more sympathetic to corporate interests than state courts.

COMMENTS ON THIS ARTICLE:

Your Turn! Post a public comment (read guidelines):

Name:

Comment:
(limit 200
words)

Enter this word
(help):
Change

GUIDELINES: 
To keep this feature useful for everyone, please:

  1. Keep it clean, courteous, focused, and on-topic. Comments are meant for thoughtful discussion of the article published above.

  2. Do not post personal requests for help or general promotions for your organization (Get help).

  3. Proof your comments carefully, use good spelling and punctuation, and don't use ALL CAPS. Comments are published immediately and cannot be edited.

Deceptive, slanderous and commercially-motivated posts are prohibited. We reserve the right to remove comments not conforming to these guidelines. (Report a comment).

Have questions or feedback? Contact us.