Altria Group, Inc. v. Good (2008)
- Docket
- 07-562
- Decided
- 2008-01-01
Summary
Question: Does federal preemption of the Maine Unfair Trade Practices Act hinge on the express or implied nature of the allegedly fraudulent misrepresentations? Conclusion: No. In a 5-4 decision, the Supreme Court affirmed the United States Court of Appeals for the First Circuit. Justice John Paul Stevens writing for the majority held that the Federal Cigarette Labeling and Advertising Act (FCLAA) did not expressly or impliedly preempt all claims related to "smoking and health" under the Maine Unfair Trade Practices Act (MUTPA). Adopting the reasoning it used in Cipollone , the court found that claims based on a common law legal duty ("predicate-duty" approach), like a manufacturer's duty not to misrepresent its products, were not preempted simply because they related to cigarette manufacturers and the labeling of its products. Justice Clarence Thomas joined by Chief Justice John G. Roberts, Justice Antonin G. Scalia, and Justice Samuel A. Alito Jr. dissented. Justice Thomas disagreed with the majority's adoption of the "predicate-duty" approach from Cipollone arguing it was confusing and unworkable. Rather, he argued that the Court should adopt a clear test that expressly pre-empts any state law claim that "imposes an obligation…because of the effect of smoking upon health."