Today’s Supreme Court Decision Victory for Consumer Rights

Narrow 5-4 Decision Illustrates High Court’s Precarious Balance

Washington, DC -- Alliance for Justice applauds today's decision by the United States Supreme Court defending consumer rights.  In a 5-4 decision, the Court denied immunity from liability to tobacco companies that engage in fraudulent advertising suggesting that "light" cigarettes have lower tar and nicotine content. 

"While today's decision is a triumph for consumers, it is also an alarming reminder of how close we are to a Supreme Court that puts corporate interests ahead of the rights of ordinary Americans," noted Alliance for Justice President Nan Aron.  "Though the members of the Court's conservative bloc pay lip service at the altar of states' rights when it suits their agenda, they were all too willing to overturn a state law in order protect Big Tobacco's bottom line," continued Aron.

Chief Justice Roberts, Justice Scalia, Justice Thomas and Justice Alito dissented, arguing that Maine's Unfair Trade Practices Act—which protects consumers from deceptive marketing—could not be enforced against tobacco companies.

Justice Thomas, writing for the four conservatives, relied on a decision from earlier this year that denied consumers harmed by faulty medical devices access to the courts because the federal law regulating such devices does not allow differing state law safety requirements.  In today's decision, the conservative justices attempted to expand that logic, arguing that a federal statute regulating cigarette labeling and advertising does not permit states to require different warnings on cigarettes than those the federal law imposes. 

But Justice Stevens' majority opinion today rejects that theory and reinforces the established rule and long-standing precedent that there is a strong presumption in favor of allowing state law to co-exist with federal law unless congressional intent to displace state law is clear. 

"Though today's decision is a victory for consumers, it illustrates the next administration's important task of nominating judges and justices who will put the law and interests of ordinary Americans ahead of a pro-corporate agenda," concluded Aron.