Consumer Interests Boosted By Decision

Consumer protection got an unexpected boost this week when the United States Supreme announced its decision in Altria Group v. Good. In a surprising decision that could have wide-ranging impact, the Supreme Court held that federal law neither expressly or impliedly preempts a lawsuit filed under the Maine Unfair Trade Practices Act by Maine smokers. The underlying lawsuit claims that smokers of Marlboro Lights and Cambridge Lights cigarettes were misled by deceptive labels touting the cigarettes as “light” and “low tar” when the manufacturer knew that they were just as dangerous as other cigarettes.
In recent decisions involving federal preemption of state laws concerning medicines and dangerous products, the Supreme Court has come down squarely on the side of big business holding state consumer protection laws preempted by federal regulations.
The decision in Altria Group v. Good means this suit as well as other similar claims seeking billion of dollars in damages from tobacco companies can proceed. It also could spur tobacco companies to undergo massive relabeling of cigarette packages to avoid liability under similar state statutes.
The 5-4 opinion by Justice John Paul Stevens was joined by Justices Ruth Bader Ginsburg, David Souter, Stephen Breyer, and Anthony Kennedy.