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May Maine Smokers Sue? High Court Will Decide
October 6, 2008

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News Summary

The U.S. Supreme Court will determine whether Maine smokers can sue tobacco giant Altria Group over its advertising of so-called "light" and "low-tar" cigarettes, the Christian Science Monitor reported Oct. 6.

A group of smokers in Maine filed a class-action lawsuit against Philip Morris USA and parent company Altria Group, alleging that the company misled Maine consumers into believing that "light" and "low-tar" cigarettes were healthier than regular ones. A federal judge dismissed the case, but the First U.S. Circuit Court of Appeals restored it.

At issue is whether federal laws regulating the advertising of cigarettes preempt state laws prohibiting deceptive business practices -- and the right of states to enforce their laws.

A lawyer for Altria cited the 1965 Federal Cigarette Labeling and Advertising Act, which states that "no requirement or prohibition based on smoking and health shall be imposed under State law respect to the advertising or promotion of any cigarettes."

But lawyers for the smokers in Maine have support from the Federal Trade Commission (FTC) and the Justice Department, each of which filed "friend-of-the-court" briefs affirming that the states have a right to enforce their laws and that the suit is not "undermining the FTC's policies in any way."

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