Minnesota Court of Appeals Decision on 'Light' or 'Low Tar' Cigarette Advertising
12/4/2007
Media Notice
IMMEDIATE NOTICE
CONTACT:
Margie Bodas, Lommen, Abdo, Cole, King & Stageberg, P.A.
612-336-9329,
margie@lommen.com
or
Martin Keller, Media Savant Communications Co.
612-729-8585,
mkeller@mediasavantcom.com
Lommen Abdo Attorney Kay Hunt argued that "light cigarette" fraud claim is not preempted by federal laws
MINNESOTA COURT OF APPEALS RULES THAT MINNESOTA FRAUD CLAIM STANDS AGAINST CIGARETTE MANUFACTURERS WHO MISREPRESENTED THEIR PRODUCTS AS "LIGHT" OR "LOWER TAR" IN ADVERTISING AND PACKAGING MATERIALS
TWIN CITIES - December 4, 2007 - The Minnesota Court of Appeals issued its ruling today against cigarette manufacturers stating that federal laws do not preempt fraud claims brought under Minnesota law against tobacco companies that make and advertise 'light' or 'low tar' cigarettes in this state. Following a similar ruling by the First Circuit U.S. Court of Appeals* for the district of Maine on August 31, 2007, the Minnesota appellate court denied the preemption claims of R.J. Reynolds and cleared the way for fraud litigation against the manufacturers.
"The issue is whether our claim that the cigarette manufacturers violated the Minnesota Consumer Fraud Act when they lied by using the terms 'light' and 'low/lower tar' is preempted by federal law," notes attorney
Kay Hunt (Lommen, Abdo, Cole, King & Stageberg, P.A.)
"The federal government itself, in another case in Washington, D.C., has asserted that the very claims are not preempted and they actually proved at a full trial that the words 'light' and 'low tar' were false and misleading. The Minnesota court's decision today states cigarette manufacturers have to comply with Minnesota consumer laws. The decision will allow us now to redress issues of harm to individuals who were so misled by cigarette makers."
Hunt was supported in the appeal process by an accomplished legal team that included Gale D. Pearson, Martha K. Wivell and Stephen J. Randall.
For more information or to interview Kay Hunt, please contact:
Margie Bodas, Lommen, Abdo, Cole, King & Stageberg, P.A.
612-336-9329,
margie@lommen.com
or
Martin Keller at Media Savant Communications Co.,
612-729-8585 (office); 612-220-6515 (cell);
mkeller@mediasavant.com
*First Circuit U.S. Court of Appeals Decision:
http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1965.01A