page_title: Cipollone v. Liggett Group, Inc.
section_title: Court of Appeals
hierarchical_section_title: Cipollone v. Liggett Group, Inc. / Ruling / Court of Appeals
caption_attribution_description: English: The Supreme Court of the United States. Washington, D.C. Français&#160;: La Cour suprême des États-Unis. Washington D.C., États-Unis. Norsk bokmål: Høyesterett i USA. Washington, D.C.
context_page_description: Cipollone v. Liggett Group, Inc., 505 U.S. 504, was a United States Supreme Court case. In a split opinion, the Court held that the Surgeon General's warning did not preclude lawsuits by smokers against tobacco companies on the basis of several claims. The case examined whether tobacco companies could be liable for not warning the consumer "adequately" of the dangers of cigarettes as well as ultimately held the stance that smoking was in fact a free choice. The ruling also questioned the Cigarette Labeling and Advertising Act of 1965 to determine whether the warning labels on the cigarette products by law had to be less or more alarming than the warning issued.
  The warning at issue said: "Warning: The Surgeon General has determined that cigarette smoking is dangerous to your health."
  The court's holding and some of Justice Stevens's reasoning enjoyed majority support, but the opinion eventually gained full majority support 16 years later in Altria Group v. Good.
context_section_description: After the District Court Ruling, the tobacco companies appealed to the Court of Appeals of the Third Circuit in hopes of reversing the verdict.
  In 1990, the Third Circuit appellate court threw out the verdict and:
  Set aside the $400,000 in damages on the grounds that there was no proof that Cipollone relied on the Liggett & Myers advertisements in question.
  Allowed Edell to file suit on the basis of design and advertising. He was able to claim that prior to the 1966 Federal Cigarette Labeling and Advertisement Act, tobacco companies did not inform the average unaware smoker on the dangers of smoking while they in fact knew this information.
  Edell could argue the case that the tobacco industry could be held liable on a live claim that the company made Cipollone unaware of the product's dangers outweighing the benefits.
  Five days after the appellate ruling, Antonio Cipollone died, Rose Cipollone's son continued on with the case after her husband's death. Both the plaintiff and the defense in this case were looking for a concrete doctrine regarding the ability to litigate regarding preemption, state regulation of tobacco, and the Act cited in the first trial of the case.
caption: United States Supreme Court, Washington D.C.
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