The First Circuit yesterday reversed a summary judgment for Philip Morris on claims that it violated state law by misrepresenting cigarettes as "light" and having "lowered tar and nicotine". The misrepresentations, the plaintiffs alleged, led them to smoke more and inhale more deeply. The court held — contrary to the Fifth Circuit in Brown v. Brown & Williamson Tobacco Corp., 479 F.3d 383 (5th Cir 2007) — that the Federal Cigarette Labeling and Advertising Act does not preempt such state law claims. Good v. Altria Group, Inc., No. 06-1965 (1st Cir. Aug. 31, 2007).
Barry Barnett
