James Lee Anthony Jr. brought suit, arguing that the Top Tobacco Company negligently violated the Federal Labeling Act by failing to provide the Surgeon General's warning to purchasers of its loose leaf tobacco products. The Federal Labeling Act provides that "it is unlawful for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes, the package of which fails to bear the Surgeon General's warning." "Cigarette" is defined under the Federal Labeling Act as:
(A) "Any roll of tobacco wrapped in paper or in any substance not containing tobacco.
(B) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, 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?