Sullivan, et al. v. Philip Morris U.S.A., et al.

Plaintiffs claimed breach of express and implied warranties and intentional misrepresentation, arguing that Philip Morris U.S.A. and others marketed "light" cigarette brands as if they had lower levels of tar and nicotine than regular cigarettes, when in fact these cigarettes were as harmful as regular cigarettes. In their motion for summary judgment, defendants argued, among other things, that plaintiffs' claims were preempted by the Federal Cigarette Labeling and Advertising Act and barred by the Louisiana Unfair Trade Practices and Consumer Protection Act (LUTPA) which exempts certain conduct from liability.   The Court found that plaintiffs' cause of action was not preempted by the Labeling Act.  The Court granted defendants' motion to the extent that plaintiffs' claims made pursuant to LUTPA will be dismissed.  Otherwise the Court denied defendants' motion.


Sullivan, et al v. Philip Morris U.S.A., et al, 2005 WL 2123702, United States District Court, W.D. Louisiana (2005).

  • United States
  • Aug 31, 2005
  • United States District Court, W.D. Louisiana



  • Jack Sullivan
  • Others


  • Others
  • Philip Morris U.S.A.

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product