Friday, December 28, 2007

Preemption Decision in Minn Tobacco Litigation

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. 


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