Reference no: EM133813676

Question

James Lee Anthony Jr. brought suit, arguing that the Top Tobacco Company negligently violated the Federal Labeling Act by failing to provide geon General's warning to the sur- purchasers of its leaf loose- tobacco products. The Federal provides Labeling Act that "it is unlawful for any person ufacture, import, or to man- package for sale or within the United distribution states any cigarettes, of which fails the package to bear warning." the Surgeon General's "Cigarette" is defined under Labeling Act as: the Federal (A) "any roll of in paper or in tobacco wrapped any substance not containing tobacco, and (B) any roll of tobacco wrapped in any sub- stance containing tobacco which, because of its ap- pearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A)." Anthony indicated that he smoked products from Top Tobacco Company because there was no warning on the loose-leaf products. He claims he has numerous physical problems as a result of smoking Top Tobacco products. Should Top Tobacco Company be liable under the Federal Labeling Act for failure to put the Surgeon General's warning on loose-leaf tobacco products?