The Supreme Court Revisits the Preemption of State Law Consumer Protection Claims
On the first day of its new term today, the United States Supreme Court heard oral argument in Altria Group, Inc. v. Good, No. 07-562, the first of two federal preemption cases to be considered this term. In Good, the Court will address whether the state law claims in the purported class action, brought by purchasers of "light" cigarettes, are preempted by the Federal Cigarette Labeling and Advertising Act (the “FCLAA”). Hopefully, the Court's decision here will provide guidance to lower courts, which for 15 years have struggled to understand and apply another FCLAA preemption decision, Cipollone v. Liggett Group, Inc., 505 U.S. 504 (1992).
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