Friday, December 28, 2007
The BNA Class Action Reporter reports that a Minnesota Court of Appeals ruled that "a federal cigarette labeling law
does not preempt state-law claims that representations about "light"
cigarettes were fraudulent." See Dahl v. R.J. Reynolds Tobacco Co., Minn. Ct. App., No. A05-1539, 12/4/07. The court followed the First Circuit which held in Good v. Altria Group, Inc., 501 F.3d 29 (1st Cir. 2007) that the Federal Cigarette Labeling and Advertising Act does not preempt state law claims. It diverged from the Fifth Circuit, which held in Brown v. Brown & Williamson Tobacco Corp., 479 F.3d 383 (5th Cir. 2007) that such claims are preempted.