Sherwin-Williams Co. v. California
1. In conflict with decisions of this Court and the Third Circuit, does the First Amendment permit California to impose tort liability for truthfully promoting a lawful product that it finds to be hazardous in some uses?
2. Does the Due Process Clause allow a state to impose retroactive and grossly disproportionate pub-lic nuisance liability to inspect and abate millions of residences based on decades-old promotions without evidence that consumers relied on those promotions or that petitioner’s lead paint is in any residence?