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Preemption Up in Smoke? The U.S. Supreme Court Rules Against Preemption in “Light Cigarette” Case
December 15, 2008By Kurt R. Karst –
Earlier today, by a five-to-four vote, the U.S. Supreme Court ruled against preemption in Altria Group, Inc. Good, the so-called “light cigarette” case. Background on the case is available via the SCOTUS Wiki.
The respondents in the case (i.e., Good et al) alleged that Altria violated the Maine Unfair Trade Practices Act by fraudulently advertising their cigarettes as “light” and “low in tar and nicotine.” The U.S. District Court for the District of Maine dismissed the lawsuit on preemption grounds, finding the Maine law preempted by the Federal Cigarette Labeling and Advertising Act (“FCLAA”). In August 2007, however, the U.S. Court of Appeals for the First Circuit reinstated the lawsuit, holding that the FCLAA neither expressly nor impliedly preempts the respondents’ fraud claim. In ruling that neither the FCLAA, nor actions in this field by the Federal Trade Commission in Commission dating back to 1966 preempted respondents’ state law fraud claim, the Supreme Court has effectively cleared the way for smokers to file lawsuits to challenge deceptive cigarette marketing.
This ruling could have an impact on the FDA preemption cases now before the Court; namely that small case everyone is watching – Wyeth v. Levine.
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- FTC Continues to Rage Against Device Patent Listings in the Orange Book March 27, 2024
- FDA Approval of New Therapy, Duvyzat, for Duchenne Muscular Dystrophy Represents Several Meaningful Firsts March 26, 2024
- Arkansas Law Prohibiting Manufacturer 340B Contract Pharmacy Restrictions Upheld by 8th Circuit March 25, 2024
- Conference Notebook: ACI’s Cosmetics and Personal Care Products Conference March 22, 2024
- HP&M Director, Allyson Mullen, Appointed to the Association of Medical Diagnostic Manufacturers 2024-2026 Board of Directors March 20, 2024
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
- Cannabis
- cGMP Compliance
- Consumer Product Safety Commission
- Controlled Substances
- Cosmetics
- COVID19
- Current Affairs
- Dietary Supplements
- Drug Development
- Drug Enforcement Administration
- Enforcement
- FDA News
- Foods
- Foods and Dietary Supplements
- Fraud and Abuse
- Government Pricing
- Hatch-Waxman
- Health Care
- Health Privacy
- Import/Export
- In Vitro Diagnostic Devices
- Jobs
- Medical Devices
- Miscellaneous
- Orphan Drugs
- OTC Drugs and Cosmetics
- Prescription Drugs and Biologics
- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
- Tobacco
- Uncategorized