Tobacco giants were breathing a sigh of relief yesterday after the California Supreme Court upheld a law that granted cigarette makers a 10-year period of immunity from personal injury lawsuits. In 1987, the California legislature determined that the dangers of smoking were common knowledge to consumers and passed a law that prohibited litigation against tobacco makers. The ruling, however, was repealed 10 years later in January of 1998.

Two cases filed against Philip Morris and R.J. Reynolds in California soon emerged in which plaintiffs argued that due to the repeal of the law, the companies could be held liable for their actions during the immunity period. In 1994, for example, tobacco company officials argued to Congress that cigarettes were not addictive. The High Court disagreed, though, stating that, although the law was repealed, the companies were still immune from liability during the decade-long period the law was active. The Court added exceptions, however, that allow plaintiffs to bring litigation against tobacco makers if they were exposed to dangers "not commonly known to be associated with cigarette smoking" during the immunity period.

The decision may have a serious impact on several multi-million dollar cases currently being appealed in the state.