Light cigarette preempted is not the case, First Circuit said.
The first circuits recently a hypothesis, “lights”-smokers against the cigarette manufacturer to move forward, a reversal of the District Court’s decision. The lower court had granted the accused “request for summary judgement, that claimants who reigns preempted allegations have been adopted by the Federal Cigarette labelling and advertising Act (FCLAA). He cites Philip Morris USA, Inc. and its parent company , Altria Group, Inc. Under the Maine Unfair Trade Practices Act (MUTPA). The rights of producers that light cigarettes were low in tar and nicotine on a regular basis, “Full-Flavor” cigarettes - if it delivered the same amount of tar and nicotine - constituted unfair and deceptive trade practices, he argued. They sought the return of money they had paid to buy lights, as well as punitive damages and fees a lawyer.
The first circuits decided that the complainants’ allegations were neither explicitly nor implicitly preempted by the FCLAA or impliedly preempted by Federal Trade Commission (FTC) monitoring the advertising of cigarettes, and that exceptions are not prescribed by MUTPA .
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