In Re Tobacco Cases II

In Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057 [ 31 Cal.Rptr.2d 358 , 875 P.2d 73 ] (Mangini), this court held that the Federal Cigarette Labeling and Advertising Act (FCLAA) ( 15 U.S.C. § 1331 et seq.), which regulates tobacco advertising, did not preempt a claim against tobacco companies under the state unfair competition law (Bus. & Prof. Code, § 17200 et seq.) for advertising cigarettes in a manner that encouraged minors to begin smoking. The main issue presented here is whether, as the Court of Appeal concluded, the United States Supreme Court’s later decision in Lorillard Tobacco Co. v. Reilly (2001) 533 U.S. 525 [ 150 L.Ed.2d 532 , 121 S.Ct. 2404 ] (Lorillard) is inconsistent with, and thus impliedly disapproved, Mangini . We agree with the Court of Appeal, and we are bound to accept the high court’s decision in Lorillard as controlling authority. Accordingly, we will affirm the Court of Appeal’s judgment.

I

In 1994, four years before this action was filed, the Attorney General of California joined with the attorneys general of the other 49 states in bringing an action against six tobacco companies, including Phillip Morris Incorporated (Phillip…