Business Law
The 1988 and later 1992 Supreme Court decision in Cipollone v. Liggett Group, Inc. illustrates the functions and role of law in business and public health. This case relates to the tobacco industry's culpability in promoting smoking through marketing campaigns after knowledge of the detrimental effects of smoking, and in spite of the mandatory Surgeon General Warning labels that had been federally mandated since the 1960s and the Federal Cigarette Labeling and Advertising Act (1965 Act).
In the Cipollone v. Liggett Group, Inc., case, it was ultimately decided that the federal laws trumped state laws that permitted promotion of harmful materials, in this case, cigarettes. What is interesting about this case is that it pertains directly to marketing, rather than to the tobacco companies themselves. Separate litigation, of course, impinged upon the tobacco companies. The Cipollone v. Liggett Group case illustrates several key points. First, the case upholds federal legislation related to public health announcements as being superior to any state business law. This is known as the Supremacy Clause. The Supremacy Clause is something that all businesses do need to be aware of, especially if their operations in one state conflict with laws in another state or with federal law. With regards to the Cipollone v. Liggett Group scenario, the state laws that were related to marketing the products were the ones that were overruled by the Supreme Court.
A similar scenario...
Business Law The Relationship Between Ethics & Law in Business Business is a generic term that refers to enterprise relationships between a provider of either a good or service and the client/customer or to another business. Business transactions throughout the course of history have involved a level of discretion between ethical and fair behaviour and the due process of law and litigation of various kinds. The relationship between Ethics and Law ostensibly
Business Law Justice at Bat The Story of Three Strikes Legislation It has been said that only two things are certain - death and taxes. Yet to these two inevitabilities, many Americans would add a third -- crime. The fear of becoming the victim of a crime - especially of a violent crime - haunts many otherwise rational individuals. Violence, it seems, is everywhere. One need only turn on the television to be
I just like accumulating knowledge and my professional career has shown that you never can really know where you will be needing parts of that knowledge: I worked as a machinist for some time, but then I was able to promote because of the additional knowledge I had gained in the meantime. I hope that the education I will receive in law school would help improve my knowledge portfolio to
Business Ethics When the Truth Takes a Stretching Class Maria Bailey clearly and blatantly misrepresented the size of her start-up business, but shrugged it off saying she knew what she was "capable of doing" and just wanted to show potential clients "what we were going to be," rather than tell them the truth about how fledgling her business actually was at that time. Was it immoral for Mary Bailey to misrepresent her company? Looking
Strategic Planning in IT IT Impact on Service Industry Performance Cooperative Competitive Competitive Advantage Implementation of IT Innovations 1992 U.S. VALUE-ADDED AND EMPLOYMENT BY INDUSTRY AVERAGE ANNUAL GROWTH IN GDP PER HOUR, MAJOR SECTORS OF THE U.S. ECONOMY Management TASKS IN BUREAUCRACY VS ADHOCRACY ORGANIZATIONS This paper addresses the following problem statement: "Without information technology (IT), a business will not be able to compete globally in any industry, nor in any market it wants to enter. It will
Regulation of Banks Banks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in the national economy is demonstrated by the need for and practice of banking regulation and as part of the lessons learnt from the recent global financial crisis, provides a government
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