Andrew J. Haile, an assistant professor of law, has had an article published in the ABA Preview of United States Supreme Court Cases about the pending Supreme Court case of Altria Group, Inc. v. Good, which deals with whether the Federal Cigarette Labeling and Advertising Act preempts state law claims against tobacco companies for the use of “descriptors” such as “light” and “lowered tar.”
Plaintiff smokers contend that these descriptors are inaccurate because “light” cigarettes are just as dangerous as full-flavored cigarettes. The plaintiffs filed an action against Altria (the parent of Philip Morris) under their state unfair trade practices act.
There is a split among the circuit courts over whether these claims are preempted by the FCLAA. The Supreme Court hopes to resolve the issue in the Good case.
To read the full article, “Does Federal Law Preempt State-law Claims Alleging That Labeling Cigarettes as ‘Light’ is Misleading?”, click on the link to the right.