Legal Opinion

Good v. Altria Group, Inc.

Court of Appeals for the First Circuit

Decided August 31, 2007No. 06-1965PublishedCited by 29 opinions

1Opinion of the Court

HOWARD, Circuit Judge.

The plaintiffs appeal from the entry of summary judgment for the defendants, Philip Morris USA Inc. and its parent company (collectively, “Philip Morris”), on state-law claims based on the marketing of “Light” cigarettes. 1 The district court ruled that these claims were preempted by the Federal Cigarette Labeling and Advertising Act (the “FCLAA”), which provides that “[n]o requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity…

2Cases cited63 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  4. American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
  5. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985

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3Cited by29 opinions

  1. Altria Group, Inc. v. GoodSupreme Court of the United States · 2008
  2. Fellner v. Tri-Union Seafoods, L.L.C.Court of Appeals for the Third Circuit · 2008
  3. Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Management CouncilCourt of Appeals for the First Circuit · 2009
  4. Fitzgerald v. HarrisCourt of Appeals for the First Circuit · 2008
  5. McDarby v. Merck & Co., Inc.New Jersey Superior Court Appellate Division · 2008

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