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DEWEY v. R.J. REYNOLDS TOBACCO CO.

216 N.J. Super. 347 (1986)

523 A.2d 712

CLAIRE E. DEWEY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF WILFRED E. DEWEY, DECEASED, PLAINTIFF, v. R.J. REYNOLDS TOBACCO CO., R.J. REYNOLDS INDUSTRIES, INC., AMERICAN BRANDS, INC., AND BROWN & WILLIAMSON TOBACCO CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided December 22, 1986.

Attorney(s) appearing for the Case

Cynthia A. Walters for plaintiff (Budd, Larner, Gross, Picillo, Rosenbaum, Greenberg & Sade, attorneys; Alan M. Darnell of counsel; Cynthia A. Walters and Marc Z. Edell on the brief).

Martin London, admitted pro hac vice, for defendant Brown & Williamson Tobacco Corporation (Paul, Weiss, Rifkind, Wharton & Garrison, attorneys; Martin Flumenbaum of counsel). William C. Slattery for defendant (Norris, McLaughlin & Marcus, attorneys).

LUCCHI, J.S.C.

This matter comes before the court on a motion for summary judgment brought by defendant Brown & Williamson Tobacco Corporation (Brown & Williamson). The issue raised by Brown & Williamson is whether the federal Cigarette Labeling and Advertising Act, 15 U.S.C.A. §§ 1331-1340 (1982) (the act), preempts the state common law and statutory claims brought by plaintiff Claire E. Dewey in this court. The first count of

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