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October 7, 2008

First Monday in October - First Preemption Case

The U.S. Supreme Court opened its October 2008 term yesterday by hearing arguments in Altria Group v. Good, No. 07-562, a case in which the issue is whether a suit alleging that claims of reduced tar and nicotine in so-called "light" cigarettes were false is preempted by federal cigarette labelling and advertising law.  Altria Group, the parent company of Philip Morris, argued that if states are allowed to impose different restrictions on advertising that those imposed by federal law, "national advertising becomes impossible."  The group of Maine smokers who brought the suit argued that the suit is about deceptive consumer practices and not preempted by the federal law dealing with "smoking and health" issues.   See Tony Mauro's story for Law.Com.

The court has one other much-anticipated preemption case before it this term, Wyeth v. Levine, 07-1249, a state-law-based product liability case in which the plaintiff alleges a failure to warn of a specific use of an FDA-approved prescription drug.  That case is set for argument on November 3rd.

JDP

October 7, 2008 | Permalink

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