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Appeals Court Revives Maine Smokers' Case
September 4, 2007

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News Summary

A Maine deceptive-advertising case against Philip Morris has been revived by the 1st Circuit Court of Appeals, which ruled that a district court judge erred in issuing a summary-judgment ruling in favor of the tobacco firm, the Associated Press reported Aug. 31.

The appeals court ruled that the Federal Cigarette Labeling and Advertising Act does not preempt deceptive and unfair advertising claims against tobacco companies, overturning the ruling of U.S. District Judge John Woodcock.

In his earlier decision in the case filed by Lori Spellman, Stephanie Good and Allain Thibodeau, Woodcock said that an action could not be brought under Maine's Unfair Trade Practices Law because the federal act bars states from imposing restrictions on cigarette advertising or promotion.

The case now goes back to the federal court in Maine.

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