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Wolpin sued Philip Morris for diseases she allegedly suffered from prolonged exposure to second-hand smoking, claiming that Philip Morris had violated its duties under state law by failing to warn non-smokers about the danger of second-hand smoking. Philip Morris moved to dismiss, arguing that Wolpin's claim was preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA). The Court denied the Defendant's motion to dismiss, finding that the FCLAA did not preempt the plaintiff's state law claim. The court noted among other things that the term “smoking” was not intended to mean inhaling second-hand smoke and non-smokers have little contact with cigarette labels or advertisements.