POSTED: Monday, March 7, 2011 - 4:00pm
UPDATED: Tuesday, March 8, 2011 - 1:37pm
Attorney General Buddy Caldwell is pleased with today’s decision by the United States Supreme Court denying certiorari in S&M v. Caldwell, No. 10-622. “The fact that the Supreme Court ruled, without comment or dissent, and refused to hear the case, effectively brings this case to a successful conclusion for the State of Louisiana”, stated Attorney General Buddy Caldwell.
The case was brought in 2005 by, S&M Brands, against the Louisiana Attorney General seeking to invalidate the 1998 Master Settlement Agreement (“MSA”) and declare related Louisiana laws regarding tobacco enforcement unconstitutional. Attorney General Caldwell successfully defended the suit at the district court and, The United States Fifth Circuit Court of Appeals, agreed with Attorney General Caldwell, holding that the MSA and related Louisiana laws were constitutional.
Attorney General Caldwell is pleased that the Supreme Court upheld the ruling of the U.S. Fifth Circuit as it is vitally important to Louisiana and the other 45 states that joined the MSA. “. The Louisiana Attorney General’s office has consistently enforced the terms of the MSA, including protecting youth from being the target of tobacco advertising,” said Attorney General Buddy Caldwell.
“We won the battle, but the war is not over,” added Attorney General Buddy Caldwell in reference to the three remaining cases challenging the MSA and related state laws: Freedom Holdings, Inc. v. Cuomo, petition for certiorari pending with U.S. Supreme Court; Grand River Enterprises Six Nations Ltd. v. King, pending in U.S. Southern District Court of New York; and Vibo v. Conway, pending in U.S. Sixth Circuit Court of Appeal.