Altria Group v. Good
| Altria Group v. Good | |
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| Argued October 6, 2008 Decided December 15, 2008 |
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| Full case name | Altria Group, Inc., et al. v. Stephanie Good, et al. |
| Docket nos. | 07-562 |
| Citations | 555 U.S. 70 (more)
129 S.Ct. 538, 172 L.Ed.2d 398
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| Prior history | Summary judgment for defendants, 436 F. Supp. 2d 132 (Me. 2006); reversed, 501 F.3d 29 (1st Cir. 2007); cert. granted, 552 U.S. ___ (2008) |
| Holding | |
| Federal law does not preempt the application of state law prohibiting deceptive practices in advertising to the advertisement of tar and nicotine rates in cigarettes. First Circuit Court of Appeals affirmed. | |
| Court membership | |
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| Case opinions | |
| Majority | Stevens, joined by Kennedy, Souter, Ginsburg, Breyer |
| Dissent | Thomas, joined by Roberts, Scalia, Alito |
| Laws applied | |
| 15 U.S.C. § 1334(b) (Federal Cigarette Labeling and Advertising Act); Me. Rev. Stat. Ann., Tit. 5, § 207(Supp. 2008) (Maine Unfair Trade Practices Act) | |
Altria Group v. Good, 555 U.S. 70 (2008), was a United States Supreme Court case in which the Court held that a state law prohibiting deceptive tobacco advertising was not preempted by a federal law regulating cigarette advertising.
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?
No. Justice Stevens, writing for a 5-4 Court, held that neither the Labeling Act’s pre-emption provision, nor the Federal Trade Commission’s actions in this field, expressly or impliedly preempt claims related to "smoking and health" under the Maine statute. Pp. 5–20.
Adopting the reasoning it used in Cipollone v. Liggett Group, Inc., the court found that claims based on a common law legal duty ("predicate-duty" approach, e.g. a manufacturer's duty not to misrepresent its products), were not preempted simply because they related to cigarette manufacturers and the labeling of its products.
(a) Congress may indicate pre-emptive intent through a statute’s express language or through its structure and purpose. See Jones v. Rath Packing Co., 430 U. S. 519 . When the text of an express pre-emption clause is susceptible of more than one plausible reading, courts ordinarily “accept the reading that disfavors pre-emption.” Bates v. Dow Agrosciences LLC, 544 U. S. 431 . The Labeling Act’s stated purposes are to inform the public of the health risks of smoking while protecting commerce and the economy from the ill effects of nonuniform requirements to the extent consistent with the first goal. Although fidelity to these purposes does not demand the pre-emption of state fraud rules, the principal question here is whether that result is nevertheless required by 15 U. S. C. §1334(b), which provides that “[n]o requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this chapter.” Pp. 5–9.
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