Sherwin-Williams Co. v. California

U.S. Supreme Court

Question(s) Presented

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?

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