Appellate Court Affirms Dismissal of Youth Marketing Class Action on Federal Preemption Grounds

A California appellate court yesterday affirmed the dismissal of a state-wide class-action case alleging that cigarette advertising targeted minors and caused them to smoke.

In a 41 - page opinion, the unanimous appeals panel ruled that United States Supreme Court decisions interpreting the Federal Cigarette Labeling and Advertising Act bar “… plaintiffs’ essential claim that defendants’ violated the UCL [California’s Unfair Competition Law] by targeting children and teenagers with unfair and deceptive marketing programs and advertising….”

“We believe the court’s reasoning is correct and properly applies the governing constitutional and statutory principles,” said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel.

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