Brown v. Brown & Williamson Tobacco Corp.

E. GRADY JOLLY, Circuit Judge:

In this appeal, relating broadly to the marketing of “Lights” cigarettes, we consider the pre-emptive scope of the Federal Cigarette Labeling and Advertising Act (“the Labeling Act”), 15 U.S.C. § 1331 et seq. The appellants (“Manufacturers”), Brown & Williamson Tobacco Corporation (“Brown & Williamson”) and Philip Morris, Inc. (“PM USA”), challenge the district court’s partial denial of their motion for summary judgment. Manufacturers contend that the district court erred when it ruled that the Labeling Act does not expressly pre-empt the Plaintiffs’ state law…