Thursday, August 02, 2007

In Re Tobacco Cases II (Cal. Supreme Ct. - Aug. 2, 2007)

"We, the California Supreme Court, decided back in 1994 that the Federal Cigarette Labeling and Advertising Act didn't preempt a California state law unfair competition claim based upon the advertising of cigarettes to minors. This was consistent with then-existing precedent from the United States Supreme Court. But, in 2001, the U.S. Supreme Court shifted ground, in a 5-4 decision in which the conservatives wrote the majority opinion and the liberals the dissent. It thus appears that our 1994 decision is no longer good law. We're not especially pleased by that fact, and probably think that state law should still be valid. But whatchagonnado. We're only the California Supreme Court. We gotta toe the line on this one."

They don't actually use those words, but that's in essence what the California Supreme Court unanimouosly ruled today.