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Supreme Court to Decide Tobacco Preemption Case
Written by Jamie Simpson, LawServer Attorney-Editor   
Last Updated October 11, 2008

A class action lawsuit filed against Altria Group, a tobacco manufacturer, has been forwarded to the Supreme Court for oral arguments, reports LegalNewsline.com. The class consists of several Maine smokers who claim the company misled them through advertising that "light" and "low-tar" cigarettes are a safe alternative to regular tobacco use, breaking a state law that bars deceptive business practices. Altria is asking the Court to block the lawsuit, claiming tobacco products are regulated by the Federal Trade Commission, thus negating the Maine law.

The Federal Cigarette Labeling and Advertising Act of 1965 preempts the suit's claims. If the class action is not dismissed, the National Association of Manufacturers wrote a brief to the Court claiming that federal regulators will not be relied on with certainty.
 
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