The UCL Practitioner
Friday, October 08, 2004
"Court Won't Let Minors Sue Tobacco Firms"
The Daily Journal reports today on In re Tobacco Cases II, No. D041356 (Oct. 6, 2004), an unpublished decision issued by the Court of Appeal on Wednesday. In it, the Court of Appeal held that the Federal Cigarette Labeling and Advertising Act (15 U.S.C. §§ 1331 et seq.) preempted the minors' UCL claims (as to which class certification had been granted): "[P]laintiffs' essential claim that defendants violated the UCL by targeting children and teenagers with unfair and deceptive marketing programs and advertising is preempted by the FCLAA because it seeks to impose requirements or prohibitions based on smoking and health with respect to the advertising and promotion of cigarettes." (Slip op. at 18.)
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