Supreme Court Finds in a “Lights” Cigarettes Case That Claims for Violation of a State Statutory Duty Not to Deceive Are Not Preempted by the Federal Cigarette Labeling and Advertising Act
Yesterday, in Altria Group, Inc. v. Good, the United States Supreme Court held that the Federal Cigarette Labeling and Advertising Act does not expressly preempt the Plaintiffs’ claims arising under Maine’s Unfair Trade Practices Act because those claims arise from an alleged violation of a duty not to deceive that is not "based on" smoking and health. The Court also held that Plaintiffs’ claims are not impliedly preempted. The decision is a blow to cigarette makers against which many "Lights" actions are pending around the country, including many consumer class actions similar to Good. The opinion is important because state consumer protection statutes are increasingly being utilized to bring class actions against product manufacturers, and because the Supreme Court continues to refine the law of federal preemption.