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Bowdon) Philip Morris Tobacco Co
He said the cigarette he had carried with him from Hopkinton broke in his pocket, and he had hoped to spark one up after completing the race
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In rejecting Philip Morris's implied preemption argument, the Court stated, "[i]n short, neither the handful of industry guidances and consent orders on which [Philip Morris] relies nor the FTC's inaction with regard to 'light' descriptors even arguably justifies the preemption of state deceptive practices rules like the MUTPA." 67 While holding that lawsuits accusing cigarette-makers of fraudulent conduct under state law could proceed, the Court noted that the respondents "still must prove that the petitioners' use of 'light' and 'lowered tar' descriptors in fact violated the state deceptive practices statutes." 68 The public health community strongly supports the elimination of the FCLAA preemption language so that states could impose their own restrictions on tobacco labeling and advertising
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