On 20 March, the US Supreme Court rejected Philip Morris' appeal of Boeken without comment.

Philip Morris had asked the high court to rule oon whether the punitive damages award in the case was excessive, and whether the Federal Cigarette Labelling and Advertising Act prevented smokers from suing under a Californian law. In 2001, a California jury awarded Boeken a record US$ 3 billion punitive damages in addition to US$ 5.5 million in actual damages. The state trial court reduced the fugire to US$ 100 million, and a Californian court later cut that figure in half to US$ 50 million. The California Supreme Court refused to hear the company's appeal August 2005. (cg)