Historically, it has connoted efforts by Big Tobacco to prevent states and localities from passing laws that are tougher than those enacted by the federal government. The American Cancer Society memo stated flatly that it opposed preemption of any state or local tobacco-control laws, such as those prohibiting smoking in restaurants. We're not for preemption. Godshall retorted that neither Crawford nor any other ACS official had disowned the memo or come out against giving the industry any special legal protections. We're not a legal group.
Public health is our primary concern.
But Daynard said Crawford's position failed to address the link between litigation and public health. Because there is no right to punitive damages, as well as the fact that Congress may limit liability as a means of achieving social goals, the elimination of punitive damages is consistent with both procedural and substantive due process requirements. Preemption of State Laws of Procedure Under the first option, Congress would pass a statute that exercises its unquestioned power to preempt state laws. To this end, Congress would outline the procedures to govern state civil suits related to tobacco and health and expressly state that these procedures preempt state laws that conflict with them. Creating Federal Jurisdiction Over Tobacco Lawsuits Congress may also consider simply creating federal jurisdiction over tobacco-related suits, so they may be brought in or removed to federal court, where Congress has unquestioned authority to dictate the procedures.