Lisa Watson sued Philip Morris in Arkansas state court for advertising "light" cigarettes as low in tar and nicotine. The tobacco titan removed Ms. Watson’s case to federal court, arguing that its advertisements complied with federal regulations and that the company therefore "act[ed] under a federal officer" for purposes of a statute authorizing removal of actions against, um, federal officers and people "acting under" them. See the cert. petition — courtesy of www.scotusblog.com — right here.
Blawgletter will go way out on a limb here just before 5:00 p.m. Central on a Friday and predict that Ms. Watson will have her day in Arkansas state court. Nary a one of the fine people who work at the FTC would say a business "acts under" him or her simply by following FTC regulations. Blawgletter bets a nickel that the Justices will see things the same way.
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