The American Tobacco Company, Inc. v. Grinnell

Facts

In 1952, nineteen-year-old Wiley Grinnell began smoking Lucky Strikes, cigarettes manufactured by D. Almost a year later, Grinnell changed to Pall Malls, also manufactured by American. After smoking for thirty-three years, Grinnell was diagnosed with lung cancer in July 1985. P sued D. P died less than a year later, and P's family continued this suit adding wrongful death and survival claims. P alleges that D failed to warn of, and actively concealed, facts that it knew or should have known, including the facts that Grinnell could quickly become addicted to cigarettes and that his smoking could result in injury or death from the cancer-causing ingredients if he used the cigarettes as D intended. Ps allege that, even though D knew or should have known that its cigarettes were dangerous and could not be used safely, D represented to consumers that cigarettes were not harmful, dangerous, or capable of causing injury. Ps assert 6 claims: (1) strict liability design, marketing, and manufacturing defect; (2) negligent testing, failure to warn, misrepresentation, and design; (3) affirmative fraudulent misrepresentation and fraudulent concealment; (4) Deceptive Trade Practices Act violations for failure to disclose and deceptive advertising; (5) breach of express and implied warranties; and (6) civil conspiracy. D moved for summary judgment in that Federal law in part preempted the claims for D's post-1965 activities based on inadequate warnings in advertising and promotional materials. D's second motion asserted that federal law preempted all of Ps' claims based upon post-1965 activity. D asserted that all of Ps' claims were preempted by the Public Health Cigarette Smoking Act of 1969 or otherwise barred by Texas law. The trial court dismissed Ps' suit. The court of appeals reversed the trial court's judgment and remanded the entire case. D appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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