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U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

This year several cases discussed the preemptive effect of the Federal Cigarette Labeling and Advertising Act upon state law tort and contract claims arising from the sale of cigarettes to smokers who contracted cancer. This is aptly illustrated by Forster v. R. Reynolds Tobacco Co., which was decided by the Minnesota Supreme Court. In that case, the smoker (Forster) sued a cigarette manufacturer (R.J. Reynolds) in strict products liability, misrepresentation, breach of warranty, and negligence. The cigarette manufacturer moved for summary judgment on the ground that the Federal Cigarette Labeling and Advertising Act preempted all state tort claims. The trial …