California Appellate Court Upholds Daniels Decision
October 07 2004 - 3:41PM
PR Newswire (US)
California Appellate Court Upholds Daniels Decision WINSTON-SALEM,
N.C., Oct. 7 /PRNewswire-FirstCall/ -- The Fourth Appellate
District Court of Appeal in California has upheld the dismissal of
a class- action lawsuit filed against R.J. Reynolds Tobacco
Company, Brown & Williamson Tobacco Corporation and other major
U.S. cigarette manufacturers. The lawsuit, brought by Devin Daniels
and other individuals as class representatives, was filed on behalf
of all California resident minors (under the age of 18) who smoked
one or more cigarettes between April 2, 1994, and Dec. 31, 1999,
and who were exposed to the defendants' marketing and advertising
activities in the state during that period. Superior Court Judge
Ronald Prager had granted the defendants' motion for summary
judgment on Sept. 13, 2002, principally on First Amendment and
preemption (by the Federal Cigarette Labeling and Advertising Act)
grounds. On Oct. 6, a California court of appeal panel upheld that
decision primarily on the basis of preemption, concluding that,
"Congress has given the FTC [Federal Trade Commission] the
exclusive authority to address society's concern about smoking and
health by regulation of cigarette advertising and promotion, and
has preempted 'state regulation of cigarette advertising that
attempts to address the same concern, even with respect to youth.'"
Martin L. Holton III, vice president and assistant general counsel
for R.J. Reynolds, said, "We are pleased that the court of appeal
agreed with Judge Prager and with us that the plaintiffs' efforts
to use state laws to regulate lawful cigarette advertising and
promotion were not appropriate." R.J. Reynolds Tobacco Company
(R.J. Reynolds) is an indirect wholly owned subsidiary of Reynolds
American Inc. (NYSE:RAI). R.J. Reynolds is the second-largest
tobacco company in the United States, manufacturing about one of
every three cigarettes sold in the United States. R.J. Reynolds'
product line includes five of the nation's 10 best-selling
cigarette brands: Camel, Winston, KOOL, Salem and Doral. For more
information about R.J. Reynolds, visit the company's Web site at
http://www.rjrt.com/ . DATASOURCE: R.J. Reynolds Tobacco Company
CONTACT: Ellen Wallace of R.J. Reynolds Tobacco Company,
+1-336-741-6694 Web site: http://www.rjrt.com/
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