Altria Group v. Good
Encyclopedia
In Altria Group v. Good, 555 U.S. 70 (2008), the United States Supreme Court held that a state law prohibiting deceptive tobacco advertising was not preempted
by a federal law regulating cigarette advertising.
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.
, 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.
, 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.
(b) Respondents’ claim is not expressly pre-empted by §1334(b). As determined in Cipollone v. Liggett Group, Inc.
, 505 U. S. 504 , and Lorillard Tobacco Co. v. Reilly, 533 U. S. 525 , the phrase “based on smoking and health” modifies the state-law rule at issue rather than a particular application of that rule. The Cipollone plurality concluded that “the phrase ‘based on smoking and health’ fairly but narrowly construed” did not pre-empt the Cipollone plaintiff’s common-law claim that cigarette manufacturers had fraudulently misrepresented and concealed a material fact, because the claim alleged a violation of a duty not to deceive—a duty that is not “based on” smoking and health. 505 U. S., at 528–529. Respondents here also allege a violation of the duty not to deceive as codified in the MUTPA, which, like the common-law duty in Cipollone, has nothing to do with smoking and health. Respondents’ claim is not analogous to the “warning neutralization” claim found to be pre-empted in Cipollone. Reilly is consistent with Cipollone’s analysis. This Court disagrees with petitioners’ alternative argument that the express pre-emption framework of Cipollone and Reilly should be rejected. American Airlines, Inc. v. Wolens, 513 U. S. 219 , and Riegel v. Medtronic, Inc.
, 552 U. S. ___, are distinguished. Pp. 9–16.
(c) Various Federal Trade Commission decisions with respect to statements of tar and nicotine content do not impliedly pre-empt state deceptive practices rules like the MUTPA. Pp. 17–20.
Federal preemption
Federal preemption refers to the invalidation of US state law when it conflicts with Federal law.-Constitutional basis:According to the Supremacy Clause of the United States Constitution,...
by a federal law regulating cigarette advertising.
Facts
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.
Issue
Does federal preemption of the Maine Unfair Trade Practices Act hinge on the express or implied nature of the allegedly fraudulent misrepresentations?Holding
No. Justice StevensJohn Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, 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.
Reasoning
Adopting the reasoning it used in Cipollone v. Liggett Group, Inc.Cipollone v. Liggett Group, Inc.
Cipollone v. Liggett Group, Inc., , was a United States Supreme Court case. In a split opinion, the court held that the Surgeon General's warning did not preclude suit by smokers against tobacco companies on several claims...
, 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
Bates v. Dow Agrosciences LLC
Bates v. Dow Agrosciences LLC was a case before the United States Supreme Court.-Facts:Dow's Strongarm pesticide damaged the crop of a group of Texas peanut farmers...
, 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.
(b) Respondents’ claim is not expressly pre-empted by §1334(b). As determined in Cipollone v. Liggett Group, Inc.
Cipollone v. Liggett Group, Inc.
Cipollone v. Liggett Group, Inc., , was a United States Supreme Court case. In a split opinion, the court held that the Surgeon General's warning did not preclude suit by smokers against tobacco companies on several claims...
, 505 U. S. 504 , and Lorillard Tobacco Co. v. Reilly, 533 U. S. 525 , the phrase “based on smoking and health” modifies the state-law rule at issue rather than a particular application of that rule. The Cipollone plurality concluded that “the phrase ‘based on smoking and health’ fairly but narrowly construed” did not pre-empt the Cipollone plaintiff’s common-law claim that cigarette manufacturers had fraudulently misrepresented and concealed a material fact, because the claim alleged a violation of a duty not to deceive—a duty that is not “based on” smoking and health. 505 U. S., at 528–529. Respondents here also allege a violation of the duty not to deceive as codified in the MUTPA, which, like the common-law duty in Cipollone, has nothing to do with smoking and health. Respondents’ claim is not analogous to the “warning neutralization” claim found to be pre-empted in Cipollone. Reilly is consistent with Cipollone’s analysis. This Court disagrees with petitioners’ alternative argument that the express pre-emption framework of Cipollone and Reilly should be rejected. American Airlines, Inc. v. Wolens, 513 U. S. 219 , and Riegel v. Medtronic, Inc.
Riegel v. Medtronic, Inc.
Riegel v. Medtronic, Inc., 552 U.S. 312 , is a decision by the Supreme Court of the United States holding that the pre-emption clause of the Medical Device Amendment bars state common-law claims that challenges the effectiveness or safety of a medical device marketed in a form that received...
, 552 U. S. ___, are distinguished. Pp. 9–16.
(c) Various Federal Trade Commission decisions with respect to statements of tar and nicotine content do not impliedly pre-empt state deceptive practices rules like the MUTPA. Pp. 17–20.
Dissent
Justice Clarence Thomas disagreed with the majority's adoption of the "predicate-duty" approach from Cipollone, arguing it was confusing and unworkable. Rather, he argued that the Court should adopt a clear test that expressly pre-empts any state law claim that "imposes an obligation…because of the effect of smoking upon health."See also
- Cipollone v. Liggett Group, Inc.Cipollone v. Liggett Group, Inc.Cipollone v. Liggett Group, Inc., , was a United States Supreme Court case. In a split opinion, the court held that the Surgeon General's warning did not preclude suit by smokers against tobacco companies on several claims...
(1992) - List of United States Supreme Court cases, volume 555
- List of United States Supreme Court cases
External links
- Scotus Wiki, Altria v. Good (contains briefs, summaries, and other resources)
- Full text of the Supreme Court's opinion, Altria Group, Inc. v. Good, 555 U.S. ___ (2008)
- Case Briefs