Altria v. Good
Public Justice filed an amici brief opposing preemption in support of the Altria plaintiffs, who allege that, by touting Marlboro and Cambridge Lights as “light” and having “lowered tar and nicotine,” cigarette manufacturers violated Maine’s prohibitions on fraudulent misrepresentation. The plaintiffs seek damages for having been tricked into purchasing cigarettes that are not, in reality, any “lighter” than regular cigarettes. The cigarette companies sought total immunity on the ground that federal law expressly and impliedly preempted the plaintiff’s claims. The Supreme Court rejected the defendants’ arguments on all counts, as Public Justice had urged.