United States

Smokers of Marlboro Lights and Cambridge Lights cigarettes filed suit against their manufacturers for violating the Maine Unfair Trade Practices Act (MUTPA) by fraudulently misleading plaintiffs about the harmful health effects of "light" and "lowered tar and nicotine" cigarettes. The district court granted the defendants' motion for summary judgment, finding that the cause of action was essentially a smoking-and-health claim that was expressly preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA). The appellate court reversed the district court, and the Supreme Court affirmed that reversal.  The Supreme Court held that the MUTPA's duty to not deceive is not a regulation of smoking and health and is therefore not preempted by the FCLAA. The Court further held that the Federal Trade Commission's prior decisions pertaining to tar and nicotine content in cigarettes do not provide a basis for implied preemption.