United States v. Philip Morris Inc.

MEMORANDUM OPINION

KESSLER, District Judge.

This matter is now before the Court on Joint Defendants’ 1 Motion for Partial Summary Judgment on Advertising, Marketing, Promotion, and Warning Claims and the United States’ Cross Motion for Partial Summary Judgment on Affirmative Defenses. The Defendants 2 seek summary judgment as to the United States’ advertising, marketing, promotion and warning claims on the basis that these claims are within the exclusive jurisdiction of the Federal Trade Commission (“FTC” or “the Agency”). The United States seeks summary judgment as to all of Defendants’…