Supreme Court Grants Review in Light Cigarette Preemption Case

The Supreme Court granted review today in Altria Group v. Good.  The plaintiffs in the case alleged that they smoked Marlboro Lights for at least fifteen years.  They sued Philip Morris USA, Inc. and its parent company, Altria Group, Inc., claiming that "Philip Morris has employed unfair and deceptive practices in "designing, manufacturing, promoting, marketing and selling Marlboro Lights and Cambridge Lights purporting to be ‘light’ and having ‘Lowered Tar and Nicotine,’ all while [it] knew those cigarettes would not deliver less tar or nicotine to the consumer.”  They claimed that these misrepresentations constituted unfair or deceptive acts or practices in violation of the Maine Unfair Trade Practices Act, Me.Rev.Stat. Ann. tit. 5, § 207 (2002), which entitles any person who suffers a loss of money or property as a result of such acts or practices to sue for “actual damages, restitution and for ... other equitable relief.” Id. § 213(1). The plaintiffs in the case have expressly disclaimed any “damages for personal injuries.”  They seek other relief, however, including the return of the sums they paid to purchase Marlboro Lights and Cambridge Lights.  They also seek punitive damages and the attorneys' fees as authorized by the Act.  The plaintiffs also seek to certify a class of all purchasers of Marlboro Lights or Cambridge Lights in Maine through November 2002.  The District Court for the District of Maine granted summary judgment in favor of Philip Morris.  The plaintiffs appealed and the First Circuit reversed in Good v. Altria Group, Inc., 501 F.3d 29 (1st Cir. 2007), concluding that the plaintiffs' claims were not preempted by the Federal Cigarette Labeling and Advertising Act and were not barred by the Maine statutory exemption for transactions or actions otherwise permitted by federal law.  The decision conflicts with the Fifth Circuit's decision in Brown v. Brown & Williamson Tobacco Corp., 479 F.3d 383 (5th Cir. 2007).  There are other light cigarette cases pending throughout the country.  [read more]

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