The FDA s tobacco regulation bill will not provide immunity from consumer lawsuits even for the tobacco companies that comply with the FDA s requirements. The law does not grant preemption to tobacco companies, explains ACSH s Jeff Stier. They can t veer from federal law, but if they are sued [at the state level, for instance], they have no guaranteed federal protection. The arrangement will be a Catch-22 for the cigarette manufacturers. They can t even say things to protect themselves from liability, since the law dictates what they re allowed to say, says Stier.
The FDA s tobacco regulation bill will not provide immunity from consumer lawsuits even for the tobacco companies that comply with the FDA s requirements. The law does not grant preemption to tobacco companies, explains ACSH s Jeff Stier. They can t veer from federal law, but if they are sued [at the state level, for instance], they have no guaranteed federal protection. The arrangement will be a Catch-22 for the cigarette manufacturers. They can t even say things to protect themselves from liability, since the law dictates what they re allowed to say, says Stier.