Dahl v. R.J. Reynolds Tobacco Co.

Plaintiffs claimed that the defendant, a tobacco company, had violated multiple anti-fraud and consumer protection state laws by labelling its product as "light" and "low tar/nicotine" and thus deceiving the plaintiff.  The defendant argued that the Federal Cigarette Labeling and Advertising Act (FCLAA) and the regulatory measures of the Federal Trade Commission (FTC) preempted the plaintiff's arguments.  The trial court found for the defendant.  On appeal, the Court reversed the trial court's decision and remanded, finding that the plaintiffs' (now appellants') claims were not preempted by FCLAA because the claims were not based on a duty “based on smoking and health,” but rather on "a broader, more general duty not to fraudulently misrepresent or deceive."  With respect to plaintiffs' claims relating to the FTC, the Court similarly found that the claims were not preempted because the FTC had not issued specific rules defining the type of advertising that violated the Act or established a clear federal policy on low tar claims.   

Dahl v. R.J. Reynolds Tobacco Co., 742 N.W.2d 186, Minnesota Court of Appeals (2007).

  • United States
  • Dec 4, 2007
  • Minnesota Court of Appeals

Parties

Plaintiff Michael S. Dahl

Defendant R.J. Reynolds Tobacco Co.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"But we read Cipollone to require that we focus on the legal duty that gives rise to the cause of action and determine whether it is preempted. Here, appellants' common-law fraud claim and statutory claims are clearly based on intentional fraud and misrepresentation and the duty to not deceive through either misrepresentation of a material fact or omission of a material fact. Accordingly, because counts I through V of appellants' complaint are predicated on the broader duty not to deceive, they are not preempted by the FCLAA. See id. at 529, 112 S.Ct. at 2624 (holding that the phrase "based on smoking and health" does not encompass the more general duty not to make fraudulent statements)."