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S&M BRANDS INC. v. Caldwell

Plaintiffs appeal the district court's grant of summary judgment in favor of the Attorney General of Louisiana. This case arises out of the Master Settlement Agreement (MSA) reached in the 1990s between the four largest tobacco manufacturers and the several states. The 5th U.S. Circuit Court of Appeals first addressed the plaintiffs' assertion that the MSA violates the Compact Clause because it is an agreement among the settling states that has the potential to interfere with the plaintiffs' constitutional rights and has not been approved by Congress. The court found no merit to this challenge. 5th U.S. Circuit Court of Appeals, No. 09-30985, 08-13-2010

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Published Opinion

Before DAVIS, SMITH, and HAYNES, Circuit Judges.

Plaintiffs appeal the district court’s grant of summary judgment in favor of the Attorney General of Louisiana. This case arises out of the Master Settlement Agreement (“MSA”) reached in the 1990s between the four largest tobacco manufacturers and the several states. The plaintiffs-who are not signatories to the MSA-sued the Louisiana Attorney General, alleging that the MSA and the Louisiana Escrow Statute, LA. REV. STAT. § 13:5061, et seq., violate the Compact Clause, First Amendment, Federal Cigarette Labeling and Advertising Act (“FCLAA”), Commerce and Due Process Clauses, and federal antitrust laws. For the following reasons, we AFFIRM.

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