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Aspinall v Philip Morris

Topic(s): Preemption of Consumer Remedies
Date Of Involvement: 07/18/2007

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Description:

In this case, the Massachusetts Supreme Judicial Court considered whether state-law fraud claims based on cigarette companies use of terms such as "light," "low tar," and "lowered tar and nicotine" are preempted by federal law or the actions of the FTC. On behalf of Public Citizen, the Campaign for Tobacco-Free Kids, the Public health Advocates Institute, the American Lung Association, the American Lung Association of Massachusetts, and the American Cancer Society, we filed an amicus brief arguing that the claims were not preempted. The court agreed and held no preemption.