The lawsuit claimed that Altria's marketing of "light" and "low tar" cigarettes constituted fraudulent misrepresentations under the Maine Unfair Trade Practices Act (MUTPA) because it deceived smokers into thinking the products are safer than regular cigarettes.
The District Court granted summary judgment in favor of Altria, finding the state-law claim pre-empted by the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §1334(b) (Federal Labeling Act). The First Circuit reversed, holding that the Labeling Act neither expressly nor impliedly pre-empted respondents’ fraud claim.
Does federal preemption of the Maine Unfair Trade Practices Act hinge on the express or implied nature of the allegedly fraudulent misrepresentations?
Read more about this topic: Altria Group V. Good
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Famous quotes containing the word background:
“They were more than hostile. In the first place, I was a south Georgian and I was looked upon as a fiscal conservative, and the Atlanta newspapers quite erroneously, because they didnt know anything about me or my background here in Plains, decided that I was also a racial conservative.”
—Jimmy Carter (James Earl Carter, Jr.)
“Pilate with his question What is truth? is gladly trotted out these days as an advocate of Christ, so as to arouse the suspicion that everything known and knowable is an illusion and to erect the cross upon that gruesome background of the impossibility of knowledge.”
—Friedrich Nietzsche (18441900)
“In the true sense ones native land, with its background of tradition, early impressions, reminiscences and other things dear to one, is not enough to make sensitive human beings feel at home.”
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