PEOPLE EX REL. LOCKYER v. R.J. REYNOLDS

No. S121009.

36 Cal.Rptr.3d 814 (2005)

37 Cal.4th 707

124 P.3d 408

The PEOPLE ex rel. Bill LOCKYER, as Attorney General, etc., Plaintiff and Respondent, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant and Appellant.

Supreme Court of California.

December 22, 2005.


Attorney(s) appearing for the Case

Howard Rice Nemerovski Canady Falk & Rabin, Marc Haber, Chandra Miller Fienen, San Francisco; Dechert LLP and H. Joseph Escher III, San Francisco, for Defendant and Appellant.

Fred J. Hiestand, Sacramento, for The Civil Justice Association of California as Amicus Curiae on behalf of Defendant and Appellant.

Mayer, Brown, Rowe & Maw, Kenneth S. Geller and Donald M. Falk, Palo Alto, for The Product Liability Advisory Council as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Richard M. Frank and Tom Greene, Chief Assistant Attorneys General, Dennis Eckhart, Assistant Attorney General, Peter M. Williams and Michelle Fogliani, Deputy Attorneys General, for Plaintiff and Respondent.

David C. Vladek; Law Offices of Marvin E. Krakow, Marvin E. Krakow, Los Angeles; Alan B. Morrison; Donald W. Garner; Speir & Whitney and Richard J. Whitney, for Public Citizen, Inc., as Amicus Curiae on behalf of Plaintiff and Respondent.

John Cary Sims; David C. Vladeck, Richard McKewen; and Brian Wolfman, for Public Citizen, Inc., and National Center for Tobacco-Free Kids as Amici Curiae on behalf of Plaintiff and Respondent.

Catherine I. Hanson, San Francisco, and Hans P. Lee, for California Medical Association, American Academy of Pediatrics, American Cancer Society, American Heart Association, American Lung Association and American Medical Association as Amici Curiae on behalf of Plaintiff and Respondent.

Colantuono & Levin, Michael G. Colantuono, Los Angeles, and Hannah Bentley, for League of California Cities, California State Association of Counties and Tobacco Control Legal Consortium as Amici Curiae on behalf of Plaintiff and Respondent.


KENNARD, J.

Declaring smoking to be "the single most important source of preventable disease and premature death in California," the Legislature in 1991 enacted a statute prohibiting cigarette companies from distributing cigarettes as free samples, as they might fall into the hands of children and lead them to become addicted to tobacco, and encouraging "all persons to quit tobacco use." (Stats.1991, ch. 829, § 1, p. 3676, enacting former Health & Saf.Code...

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